How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ronan Your Own Question
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2219
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
33511193
Type Your Republic of Ireland Law Question Here...
Ronan is online now
A new question is answered every 9 seconds

I have a question? my sister died 10 years ago she left no

Customer Question

Hi there
I have a question ? my sister died 10 years ago she left no will and my mam was dealing with the affairs after her dead as our dad has also passed away. The question I wish to ask you relates to adverse possession with regards ***** ***** house. When she died she had a mortgage on the property in question and her solicitors where dealing with this and got a order for sale on the property to try clear the mortgage on it this was 9-10 years ago, time has gone by now and her house is still there and nothing done the problem though is the a neighbour to the property is now living in it and she is claiming adverse possession. She has maintained the house cutting the boundary hedges a closing the property in with gates and living in the house paying Esb heating bills etc my question to you is where does my mother stand now as she never made claim to the property as it was in negititve equity and we just assumed it would be sold. We really appreciate your help
Thanks
Gerry
Submitted: 11 months ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 11 months ago.

You mother is entitled to bring ejectment proceedings against the neighbour on behalf of your sister's estate. The neighbour has not been in possession of the property long enough to defeat a claim by the registered legal owner. A successful adverse possession claim requires a minimum of 12 years in order for the registered owner to become statute barred from recovering the property

Customer: replied 10 months ago.
Hi RonanThanks for your reply we are aware of what you advise but can you clarify these issues or questions we have1. The current lady living there owns the back of the house legally due to errors in boundary maps, so if we proceed to eject her she still could linger as the back of the property is hers legally on paper, are we correct in assuming this? because if so it would make it very hard for the house to be sold or rented.2. If we proceed with ejectment would we then be responsible for the burden on the property I.e my mother that is, and would we have to move into the property or rent it out to show some sort of ownership on it ?Thanks in advance
Gerry
Customer: replied 10 months ago.
Hi RonanThanks for your reply we are aware of what you advise but can you clarify these issues or questions we have1. The current lady living there owns the back of the house legally due to errors in boundary maps, so if we proceed to eject her she still could linger as the back of the property is hers legally on paper, are we correct in assuming this? because if so it would make it very hard for the house to be sold or rented.2. If we proceed with ejectment would we then be responsible for the burden on the property I.e my mother that is, and would we have to move into the property or rent it out to show some sort of ownership on it ?Thanks in advance
Gerry
Expert:  Ronan replied 10 months ago.

1. Yes if she is the registered owner of some part of the landshe is entitled to remain on it.

2. Your sister's estate would be responsible for the burden on the property. Not your mother personally. No you don't necessarily have to rent it or move into it

Customer: replied 10 months ago.
Thanks RonanCan you clarify what precisely you mean in answer 2 you state we don't necessarily? Need to move in or rent can you clarify this more precisely pleaseThanks
Gerry