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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1980
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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My wife and I moved into her grandmothers vacant cottage in

Customer Question

My wife and I moved into her grandmothers vacant cottage in 2006 with her permission. At the time we moved in my wife father was the sole beneficiary of his mothers will. My wife's grandmother died the following year after being cared for by one of my wife's aunts. During her time in the care of my wife's aunt a new will was written in favour of my father-in-laws siblings and excluding my father-in-law.
In 2011 we received a solicitors letter from the six siblings stating they were the owners and that for the past five years we were 'living in and occupying the house' and they wished to claim vacant possession within 14 days. This was the first communication on this matter from them. To date we are still maintaining and occupying the property.

My question is that the will has not gone to probate and the house is still listed at the land registry in the name of my wife's deceased grandmother. The solicitors letter stated that it was written on behalf of the owners (not from the executor of the will), as the will has not been settled is their claim of ownership accurate? If their letter is inaccurate can it still stand as notification against a claim of adverse possession, if not, can we use the letter as proof for the start date for a claim of adverse possession?

Since we moved into the cottage we are the only people who have maintained the property.

Kind regards, XXXXX XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.
It stands as notice that the persons entitled to be registered as owners are seeking to have you removed from the property.

The references to them as personal representatives of the estate or as owner isn't massively relevant. While referring to them as owners presently is not technically correct the court will not put much weight in this.

You can certainly use the letter as evidence of a starting point for your adverse possession which will have to run from 14 days after the date of receipt of the letter for a period of 12 years before you can claim title by possessioin. They will obviously be arguing up until that point you occupied the property with the consent of the personal representatives of the estate
Ronan, Solicitor
Satisfied Customers: 1980
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
Ronan and 2 other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks,


Must all six have to agree to remove us from the property or will a majority, say, four to two in favour be enough to evict us?


 


Thanks again,


 


Hugh.


 


 

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