Adverse possession is the statutory right to claim land ownership which challenges the public land-register conclusiveness.
Commonly referred to as ‘squatters rights’, adverse possession allows a party to claim a right over land to which they are not the registered owner of on the basis that they have occupied the land continuously with the intention of excluding all others, including the true owner.
The Registration of Title Act 1964 governs the acquisition of lands by possession in Ireland. The Statute of Limitations for actions to recover land is 12 years, unless there was established fraud, mistake or disability. Therefore, if a squatter has been on the land in excess of 12 years, they may have a valid claim for adverse possession. If the land is state owned, the limitation period is extended to 30 years.
In order to defeat the title of the landowner and claim adverse possession, the applicant must prove that they had permanent and exclusive possession of the land. The true landowner must not have given permission to the applicant to be on the land, they must be a ‘squatter’ on the property.
Applications for adverse possession are made to the Property Registration Authority where the applicant has solely occupied the land and treated the land as their own for a period of at least 12 years.
An application for adverse possession can be made in respect of lands registered in another person’s name, or lands that have never been registered in anyone’s name.
There is a high burden of proof for the party claiming adverse possession in these applications and they must show that there was no occupation, however minimal, by the landowner over the 12 year period. An application for adverse possession is challengeable and the Land Registry will generally serve notices to allow the registered owner, or other parties, the opportunity to contest the matter.
If the applicant is successful in claiming adverse possession over the lands, they can then be registered as owner of the lands, however it is important to note that the registration may remain limited or subject to equities.
If you believe you may have a claim for adverse possession, you can speak to one of our experienced solicitors at McElhinney & Associates, Drumboe Lodge, Stranorlar, Co. Donegal on 074 91 75989 or admin@mcelhinneyassociates.com
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement
**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
About the Authors
Jolene McElhinney, BBLS, Principal Solicitor
Jolene McElhinney is the founding principal of McElhinney & Associates, renowned for her expertise in employment law and personal injury claims across the North West of Ireland. With a distinguished academic background and over a decade of experience, Jolene is dedicated to providing personalised, expert support to her clients, ensuring they navigate the complexities of the legal landscape with confidence and clarity.
