Adverse Possession, commonly known as “squatters’ rights” occurs where a third party occupies property owned by another. The property can be either land or a building for example a portion of land, private house or commercial property.*
*However it is important to note that despite the pejorative terminology of ‘squatters’ rights’, that many applications for adverse possession occur and are granted to applicants who may not have been aware that they may have occupied for example a sliver of land belonging to another entity or legal person which they had assumed erroneously that they had owned.
In order to be successful in making an application for adverse possession the third party must occupy the land/property ‘adversely’ to the the original owner of the property.
The occupation must be continuous for a period of 12 years where the property is owned by a private person or company, and 30 years where the property is owned by the Irish State.
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Three legal minimum criteria to prove Adverse Possession:
Continuous & Uninterrupted Possession
You must prove that you have had continuous and uninterrupted possession of the property for the required time period. For example, if the legal owner of the property issues legal action against the squatter to have the squatter removed from the property this will break the uninterrupted possession.
Possession not by Consent
The possession must be adverse and not be by consent. You will have to show that you intended to occupy the property to the exclusion of all others.
If you occupy the property under the terms of a lease you cannot claim adverse possession as you are in possession with the owner’s consent.
Even if you occupy the property under the terms of a lease that has expired you will not be successful in your application for adverse possession where the legal owner has consented to you remaining in possession of the property.
For example, a tenant has a one year lease on a property. After one year the owner of the property does not renew the lease but the tenant remains in possession of the property. The landlord does not take any action to have the tenant removed from the property. Even if the tenant remains in possession for a period of 12 years, he will not be successful in an application for adverse possession where the owner has consented to the tenant remaining in possession and continued to pay rent.
Transparent & Obvious
Possession must be transparent. It must be obvious that the squatter is in possession of the property.
Typical claims for adverse possession
Anyone who occupies the property adversely to the legal owner for a period of 12 years (or 30 years where the owner is the Irish State) can make an application for adverse possession.
Boundary Issues between Neighbours:
Physical boundaries on the ground between neighbouring properties can sometimes be inconsistent with title deeds outlining the boundaries on paper.
This can occur, for example, where Neighbour A erects a new dividing party wall which incorporates part of the land owned by Neighbour B. Where the physical boundaries on the ground have been in place for 12 years, contradicting the legal title, Neighbour A can make an application to be registered as owner of the area incorporated by way of adverse possession.
Vacant or Derelict Properties:
A squatter may occupy a derelict property. On the expiration of 12/30years the squatter can apply to be registered as owner of that property.
How do I apply for Adverse possession?
An application for registration as legal owner is made to the Land Registry (now called Tailte Eireann).
If the land is registered title a Form 6 must be completed. You will be required to outline the following:
- When and how your occupation began.
- How you used the property since your occupation.
- Confirm that you have not paid rent.
- Confirm that you incorporated the property into your own property or how you secured the property.
- You will have to furnish the names and address of the current owners so that Tailte Eireann can write to them to inform them of your application.
- Furnish a map of the property being claimed.
- You will have to furnish a tax clearance certificate from revenue, a CA12.
What happens if I am successful in my application for adverse possession?
If your application is successful then you will be become the legal owner of the property that you have occupied.
…or how do I stop a squatter from taking my property?
- If you receive a notification from Tailte Eireann that a squatter has made a claim for adverse possession you should reply to the notification within the prescribed time frame.
- You can issue legal proceedings to have a squatter removed from the property.
How can MB Solicitors help?
Having trained in a rural practice, and subsequently built a successful Dublin-based practice, Michael Burns has extensive knowledge in both issuing and defending adverse possession applications. Michael can analyse and advise on the strengths and weakness of a claim and advise you on a strategy.
For expert legal property law advice, contact MB Solicitors call +353-567 7343 or use the enquiry form below.
