Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. What you need to do here is to establish your own adverse possession claim to the land by fencing it off for 12 years and preventing anyone obtaining access without your permission. You won't be able to rely upon the Kelly family's period of adverse possession as it is a fundamental principle of adverse possession law that a freeholder cannot adversely possess a separate leasehold interest, which is a n interest of a lesser degree. Instead you need to hold the land for your own 12 years and establish the adverse possession in your own right free of any claims from the Kelly family. Then you do a first registration and come to own the land.
2. I know and appreciate you might wish to use the Kelly family period of adverse possession to establish your claim. However, that is not possible in the current instance, I regret to say. Instead you should establish your own 12 years exclusive possession and make your own claim.
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4. Yes, you don't own part of the freehold as well as part of the leasehold. So, you can gain adverse possession, yourself against the actual freehold. The Kelly family tried to gain adverse possession whilst holding two conflicting interests. You don't. So, you can successfully claim adverse possession.