Legal Question

SFG

Question regarding the status of adverse Possession. If a building is standing and half used. The question is the area in question apears to have no planning permission. If a adverse possession document was submitted along with other documents that this land is in limbo in who owns the land. With those documents submitted would we be right to say we have a right to stay there? W e are Irish and have recently become homeless and are very stuck we work but cannot afford the crazy rents and hotel hopping isnt something I want for my kids. Any help would be greatly appreciated

ohnonotgmail

To avail of adverse possession you must have taken control of land for a fixed period. It arises after you have stayed there for the fixed period (12 years i believe). it doesn't give you a right to stay there before that period is up. You say the building is half used. If there are other people in the building then adverse possession doesnt apply. you must take exclusive use of the building.

SFG

The building is two seperate buildings. The building that is being used is the ground floor of one of the buildings. The other building is completly empty with appartments on the top floor that have never been used from when things went tits up in 2007/8. Having looming at the land registry there is no permission for those appartments andas far as I can tell the deeds have not been submitted unless they are help privately

ohnonotgmail

https://www.boards.ie/discussion/comment/120224264#Comment_120224264

the permission is irrelevant. you would be squatting. adverse possession is years down the road.

ittakestwo

https://www.boards.ie/discussion/comment/120224264#Comment_120224264

You dont look at land registry for a planning permission. You go to the county council website of where it is located. They will tell who the applicant at the time was. Also the land might be registered in the registery of deeds not the land registry. You dont submit title deeds with a planning application but there is a question on the planning form of your interest in the land (Freehold, leasehold etc.)

I know this is Ireland but i doubt someone built a block of apartments without planning permission.

Victor

Note that a vacant building will be unlikely to have water, electricity or other connections, creating obvious issues. Utilities may be reluctant to make connections without proper paperwork, that you might not be able to provide.

ittakestwo

https://www.boards.ie/discussion/comment/120268947#Comment_120268947

I have heard of cases where neighbours claim AP over part of thier neighbours garden etc or farmers who claim AP over part of a neighbouring farm.

Donald Trump

AP is not easy to establish.

If I read it correctly, the OP is planning to squat somewhere and thinks they can then claim it?

In general, you would have to establish that you excluded the legal title holder from the property for the relevant period. If the owner gives you permission, then you cannot claim it.

I think that there was a case where someone else was squatting and just before the 12 years were up, the owner sent them a licence allowing them to use it, which wiped out their potential claim.

There are also cases where land which was left vacant due to a long term plan, but was used in the interim for the prescribed time, but was found not to have established adverse possession due to the squatting not affecting the long term plan.

Also another case, which I think is on the PRAI website, about a man who owned a field, and he used to stop his jeep at the gateway once per year and look in, and that was deemed to be a sufficient assertion of ownership to defeat an adverse possession claim by a squatter.

ittakestwo

https://www.boards.ie/discussion/comment/120274183#Comment_120274183

Did not go to court as was agreed with title holder that they had got rights from squatting and was transferred for nominal fee.

Alot of AP claims are between neighbours where one has moved the boundary. I have never herd a defence to this being you cant get AP as you haven’t taken control of all my property on that folio.