okay in today's video I want to take a look at adverse possession or what's
sometimes called squatter's rights or squatters title that's when somebody is
in occupation of a property or premises for some period of time and they
essentially wish to lay claim to wish to it be registered as owners on foot of long
possession or long occupation of the property so there is a situation there
is a procedure for getting registered as an owner of title of a property by way
of adverse possession so that's what this video is about that's what we're
going to look at as I say sometimes it's called squatter's rights or squatters
title so let's take a look so section 13 of the statute of limitations act 1957
provides that no action to recover land can be taken at the end of a period of
12 years unless there was established fraud mistake or disability what that
means is that after a period of 12 years no action can be taken to deeds possessed
or dispossessed rather somebody who is in occupation of a piece of property so
if you are in possession of the land for at least 12 years you may be able to
register the land in your own name and you make that application to the
property registration authority land registration rules of 2013 are the
relevant rules rule 17 and 45 are the specific ones so application for first
registration based on possession is rule 17 so where an application for
registration of ownership of property is based on possession or where the
applicant has no documents of title in his or her possession or under his
control and the authority that's the property registration authority
satisfied on inquiry or otherwise that the applicant is in possession or in
receipt of the rents and profits of the property the application may be made in
form 5 so form 5 is the necessary form to make an application to the property
registration authority to be registered as the owner
based on possession that's for first registration you must prove then this
possession or continued dispossession of the owner so it's not enough that you
are there with the consent of the owner it's not enough that you're there paying
rent or you may have paid rent and then given up paying rent because that isn't
adverse to the title of the owner that is a recognition of the owner's title so
your dispossession or continued dispossession must be adverse possession
taken by you it must have continued for at least 12
years and no disability mistake or fraud will exclude your claim in other words
there is an exclusion to do with disability or mistake or fraud in other
words if you fraudulently dispossessed somebody or if there's a genuine mistake
the dispossession of the true owner and this is very significant must show an
intention to exclude the true owner from enjoyment of the property and the
possession must be inconsistent with the owners enjoyment of the land now
possession will not be inconsistent with the owners enjoyment of land if you were
for example in occupation both paying rent or there on some sort of a lease or
license or something of that nature unregistered land you use form five the
application for freehold interest in unregistered land based on adverse
possession or squatters title requires documentary title of at least 15 years
starting with a good route of title and showing the person entitled to the
property on the date of dispossession that person's interest on that date and
evidence that possession taken was adverse in other words you sought to
exclude the true owner if there was an owner on that date proof is required
you need proof of adverse possession for at least 12 years this may require an
affidavit from you corroborating evidence or affidavits from neighbors
documentary records vouchers and so on you'll also need a period map you may
need a general valuation of a certificate you need details of all
rated occupiers during the period of adverse possession and details of all
persons registered as owners during the period of adverse possession death
certificates where necessary in other words the true owner may have passed
away and a tax clearance certificate from Revenue Commissioners in respect of
capital acquisitions tax registered land slightly different rule 45 is a relevant
rule in the land registration rules of 2013 title 2 registered property is
acquired by possession pursuant to section 49 of the Act
so that's a specific piece of legislation of the ACT out of the act come the
rules any person claiming to have acquired a title by possession to
register property may apply and they use form 6 so you use form five for unregistered
land you use form six for registered land and you submit the forms to the property
registration authority so form six again it's an affidavit you'll describe how
occupation began how you claim to have established your title for example
deliberate squatting with intention to acquire the property taking possession
as one of the next-of-kin of a deceased owner against the personal
representative of such owner or the next of kin uses that you've made of the
property the persons against whom you claim to have acquired your title and so
on this is all to be set out in the affidavit ultimately it goes into the
property registration authority they'll have a look and then decide whether you
are going to be registered or not there are special cases - unproved wills
strictly speaking an unproved will is not adverse possession however you can
make an application using this same general rule under Section 49 of the
acts or section 49 application may be accepted by the PRA in a situation of an
unproved will if a possession of at least 12 years is shown
spouses they cannot be in adverse possession to the spouse lost deed
possession it's not adverse possession but again an application to the PRA may
be accepted under Section 49 of the registration of title Act 1964 that is
the relevant act and as I say out of that act then the
particular rules are drafted after 2013 rules and they're the rules that the property
Registration Authority will apply when it comes to you looking to register
possession by person represented as a personal representative could bar the
beneficiaries by six years adverse possession and next of kin with an
entitlement to share an estate can bar the rights of other next of kin by
adverse possession so I hope you find this video useful if you do you might
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