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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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Hi My grandfather died about 18 years ago without making

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Hi

My grandfather died about 18 years ago without making reference in his will to a plot of land he owned. My grandmother pre-deceased my grandfather, they had three children, my father who died before my grandfather, another son and a daughter who are both still alive.

No-one in the family knew until recently that my uncle, last year, made a section 49 registration of title under adverse possession. The application status is "Queried" at present. This land would be farmland, my uncle does not farm.

Can and is so how can other family members register a claim to this land and who is likely to be successful in this claim.

Many thanks

Buachaill :

1. At the outset, a claim for adverse possession by anyone, including your uncle, depends on the person being able to show 12 years of clear and uninterrupted exclusive possession to the exclusion of all other people. Here, from what you say, if your uncle does not farm, then it will be difficult for him to show the necessary clear and exclusive possession. Accordingly, it is not surprising that it has been queried in the Land Registry. Secondly, no other member of the family can make a claim in adverse possession unless they can show this necessary 12 years of clear and uninterrupted exclusive possession. So once again, it is highly unlikely that any one else can show adverse possession. However, what ought to happen is that the will of your grandfather ought to be probated and the land dealt with in accordance with the will. Just because the land was not mentioned in the will does not mean it was not covered by it. what a specific asset is not mentioned in the will, then it falls to be dealt with in accordance with the residue clause in the will. Accordingly, whoever got the residue of the estate of your grandfather - the final clause which dealt with what was left over - is in law the owner of the land once the will is admitted to probate. This person should have the will administered and get the land as owner.

Buachaill :

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