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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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, parking in common area years and have

Customer Question

Customer: anyone there?
JA: Thanks. Can you give me any more details about your issue?
Customer: parking in common area for 12 years and have been told I have no right. Am I entitled to adverse possession?
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Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. I regret to say that in order to obtain adverse possession to your parking space you would have had to fence it off and not have allowed anyone on it for the last 12 years. This is because to obtain adverse possession you must have exclusive possession of the area you are claiming. Merely parking your car on it occasionally does not give the exclusive possession necessary for adverse possession. Be aware that if you park on this spot for 30 years, you will obtain an easement to the parking space. This allows you to continue using the space as a parking space without interruption thereafter. However, 12 years isn't sufficient to give you an easement yet.

Expert:  Buachaill replied 1 year ago.

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