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Hypothetical adverse possession of a car parking space

  • 12-07-2013 2:31pm
    #1
    amen
    Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭


    I was reading another post in a different boards forum and I have a Hypothetical question re a car parking space.

    Say I have an apartment and that includes a designated parking space (numbered). I don't use the space and a neighbour approached me to use for a nominal sum each month.

    He never pays, continues to use the space and I don't stop him or ask for the money. Could he get adverse possession of the space?

    What happens if he never discussed the space with me and just used for several years ? ( I never visit the car park so didnt know he was using the space)


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    No, a car parking space is an incorporeal hereditament as opposed to a vesting of title to land. Adverse possession refers to title to land.


  • #3
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Isn't it pretty much impossible to AP leasehold land anyway?

    EDIT: Also can't it be acquired by prescription, or is it not considered an easement?


  • #4
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,031 ✭✭✭3DataModem


    amen wrote: »
    I was reading another post in a different boards forum and I have a Hypothetical question re a car parking space.

    Say I have an apartment and that includes a designated parking space (numbered). I don't use the space and a neighbour approached me to use for a nominal sum each month.

    He never pays, continues to use the space and I don't stop him or ask for the money. Could he get adverse possession of the space?

    What happens if he never discussed the space with me and just used for several years ? ( I never visit the car park so didnt know he was using the space)

    He knows somebody owns it (the management company of the apartment block) therefore adverse possession doesn't apply.


  • #5
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    Hullabaloo is on the money, a parking space is a license or incorporeal hereditament not an interest in land. You can't AP a license or IH.


  • #6
    chops018
    Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    amen wrote: »
    I don't use the space and a neighbour approached me to use for a nominal sum each month.)

    Even if you could, it would fail here due to acknowledging ownership.... Am I correct? I'm a bit hazy on AP to be honest!


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  • #7
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    chops018 wrote: »
    Even if you could, it would fail here due to acknowledging ownership.... Am I correct? I'm a bit hazy on AP to be honest!

    If they stopped paying rent on a piece of land IIRC they start AP once the lease expires.


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