Adverse Possession or long usage of land in Ireland

Adverse Possession, more generally known as “squatters’ rights,” occurs where a third party moves in and continues to occupy property owned by another.

However, it is important to note that despite the somewhat demeaning term ‘squatters’ rights,’ many applications for adverse possession occur and are granted to applicants who may not have been aware that they have occupied, for example, a small piece of land belonging to another person.

In order to be successful in making an application for adverse possession the third party must occupy the land/property ‘adversely’ to 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.

There are three essential matters to prove Adverse Possession:

1. 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 occupier or squatter to have them removed from the property this will break the uninterrupted possession.

• Possession not by Consent

The possession must be adverse and not by consent. You will have to show that you intended to occupy the property to the exclusion of all others including the legal owner.

If you occupy the property under the terms of a lease or even a bare licence, 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.

• Transparent & Obvious

Possession must be transparent to the point of being blatant. It must be obvious to the legal owner and other parties that the squatter is in possession of the property.

Typical claims for adverse possession

Anyone who occupies a 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. Such claims usually arise from the following:

Boundary Issues between Neighbours:

Physical boundaries on the ground between neighbouring properties can sometimes be inconsistent with title deeds and the maps 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 12/30 years of continuous possession, the squatter can apply to be registered as owner of that property. He must comply with all the rules for establishing adverse possession.

How do I apply for Adverse possession?

An application for registration as legal owner of land you have occupied by way of adverse possession 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.

Adverse Possession, more generally known as “squatters’ rights,” occurs where a third party moves in and continues to occupy property owned by another.

However, it is important to note that despite the somewhat demeaning term ‘squatters’ rights,’ many applications for adverse possession occur and are granted to applicants who may not have been aware that they have occupied, for example, a small piece of land belonging to another person.

In order to be successful in making an application for adverse possession the third party must occupy the land/property ‘adversely’ to 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.

There are three essential matters to prove Adverse Possession:

1. 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 occupier or squatter to have them removed from the property this will break the uninterrupted possession.

• Possession not by Consent

The possession must be adverse and not by consent. You will have to show that you intended to occupy the property to the exclusion of all others including the legal owner.

If you occupy the property under the terms of a lease or even a bare licence, 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.

• Transparent & Obvious

Possession must be transparent to the point of being blatant. It must be obvious to the legal owner and other parties that the squatter is in possession of the property.

Typical claims for adverse possession

Anyone who occupies a 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. Such claims usually arise from the following:

Boundary Issues between Neighbours:

Physical boundaries on the ground between neighbouring properties can sometimes be inconsistent with title deeds and the maps 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 12/30 years of continuous possession, the squatter can apply to be registered as owner of that property. He must comply with all the rules for establishing adverse possession.

How do I apply for Adverse possession?

An application for registration as legal owner of land you have occupied by way of adverse possession 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.

If a person requires legal assistance on a property sale/purchase matter from property solicitors, we can be contacted on  (052) 612 1999 or (01) 546 1121.