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We recently discovered that a plot of land behind my parents

house was actually bigger than...
We recently discovered that a plot of land behind my parents house was actually bigger than we thought. We had always presumed it was our neighbours as it was directly behind his house and was always fenced off. When we went to apply for planning permission we realised from the land registry map that it was in fact in our portfolio. So my late mother spoke to neighbour and agreed to sign over the portion that actually was built on. It was our understanding that this was the end of the matter so we got our planning permission and built our house. During the end of the build our neighbour came on to site and stopped construction of garage as he says he has stuff underground and it would affect it. It has since escalated a bit and he is now trying to claim the land is actually his and he paid for it but never processed change of portfolios. The fence that I mentioned above that was present 30 years ago was taken down by someone else maybe ten years ago before any of this began. Does he have a case for squatt ers rights? What should I do?
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Answered in 38 minutes by:
4/3/2013
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2,259
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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No he doesn't have a case for squatters rights as he never occupied the land.

Secondly, if he did purchase the land, he need to be able to produce evidence of this in writing. This would be a Deed of Transfer signed by your mother transferring the property to him.

Finally if he did put in piping or services into the grounds on land that wasn't his, he should not have done so without a wayleave granted from your mother.
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Customer reply replied 4 years ago

part of theland has been built on by him and has been fenced for more than 14 years. another part has also been built on but not fenced at all. that was more recent and i think less than ten years. he has mentioned going to court over it but im not sure if its a bluff or does he have some claim. im positive he would have spoken to his solicitor.

In relation to the part of land which he has occupied for 14 years. Yes, he has squatters rights over that part if it has not been already. He will be in a position to show open and clear occupation of the lands adverse to the registered owners interest for a period in excess of 12 years

In relation to the part occupied for 10 years. He has not yet reached the time threshold of 12 years required for adverse possession
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2,259
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Category: Republic of Ireland Law
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Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years

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