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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10190
Experience:  Barrister 17 years experience
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Ronan My Aunt asked me to enquire as to her rights to a site

Customer Question

Hi Ronan
My Aunt asked me to enquire as to her rights to a site without planning she sold in 1999 adjoining her own house. She has been maintaining the grass and cutting the road side since then with the original owner not putting a foot inside the gate there since then. The land on agri value isn't worth 3000 now but in my opinion I think she has a very strong case of squatters on the land. I might revert back to me in your own time
Nigel
Submitted: 11 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 11 months ago.

1. Dear Nigel, In order to make a claim for squatter's rights you need to have exclusive possession of the land for 12 years. This means that you have to fence off the land from all people, especially the true owner. It is not sufficient to maintain the grass or to merely cut the road side. The true owner can have stopped squatter's rights just by entering upon the land once since 1999. In one case it was sufficient for the true owner to simply look over the fence at cattle. Additionally, your aunt must have had the animus possidendi or intent to seize and possess the land against the true owner. This means that your aunt has to appear greedy and duplicitous because the moment she sold the land, she must have formed the intention to seize it back for nothing and done what she could to achieve that aim.

Expert:  Buachaill replied 11 months ago.

2. The other thing you need to realise is that courts will lean over backwards to defeat the claim of a squatter who sold the land to the true owner. Courts don't like the fact that someone profits by selling land and then seizes it back for nothing. So a court will contrive in whatever way it can to defeat the claim of a person who was previously paid for selling the land. This is just normal human relations in that a court will not aid someone who is perceived as being underhand. Accordingly, I would suggest your aunt has considerable challenges in convincing a court that she has a claim to squatter's rights. However, it is not impossible and it can be done.