Irish Land Law - Adverse Possession

Front 1

Parliamentary conveyance theory

Back 1

Old, outdate theory

Not used anymore

Stated that once land of another is occupied by a squatter, the original owners rights are conveyed to the squatter. No new folio was opened.

Now a new folio is opened.

Front 2

Animus possidendi

Back 2

The squatter has to have the mental state of wanting to possess the land. This is usually demonstrated by fencing off the land / ensuring that people cannot enter the land. However, there is debate about wether or not this is still necessary.

Front 3

Limitation periods

Back 3

Statute of Limitations 1957

State authority : 30 years

Foreshore land, state authority : 60 years

Normal people : 12 years

Front 4

Leasehold

Back 4

Statute of limitations s17

Time runs against the tenant as soon as the squatter takes possession.

Time runs against the landlord as soon as the original lease runs out.

Front 5

Co-owners

Back 5

Statute of Limitations s21

Each owner is entitled to the property / rent

Front 6

Acknowledgement

Back 6

Statute of Limitations 1957 s50-60

Where the squatter acknowledges the right of another concerning the land in their possession time will run from the acknowledgement and not the original date of possession.

Front 7

Extinguishment of title

Back 7

Statute of Limitations 1957 s24

The title of the original owner are extinguished after 12 years and a new folio is opened in favour of the squatter

Front 8

The Pye case

Back 8

This was a case before the ECtHR

The ECtHR stated that if you take someone else's land you should have to compensate them for it.

While this was a fair decision, the effects of it have not been far reaching and it is widely forgotten about in practice in Irish land law.

Front 9

Registered land v unregistered land

Back 9

Unregistered land is quite straightforward. The above rules apply.

Registered land is governed by s52 of the Registration of Title Act 1964

Front 10

Defences

Back 10

Acknowledgement (of the squatter's presence)

Payment (from the squatter to the original owner)

Fraud

Mistake

Postponement : infancy or disability