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Adverse Possession and Squatter's Title to Property-Registration of Ownership - YouTube
Channel: Terry Gorry Solicitor
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okay in today's video I want to take a
look at adverse possession or what's
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sometimes called squatter's rights or
squatters title that's when somebody is
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in occupation of a property or premises
for some period of time and they
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essentially wish to lay claim to wish to it
be registered as owners on foot of long
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possession or long occupation of the
property so there is a situation there
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is a procedure for getting registered as
an owner of title of a property by way
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of adverse possession so that's what
this video is about that's what we're
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going to look at as I say sometimes it's
called squatter's rights or squatters
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title so let's take a look so section 13
of the statute of limitations act 1957
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provides that no action to recover land
can be taken at the end of a period of
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12 years unless there was established
fraud mistake or disability what that
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means is that after a period of 12 years
no action can be taken to deeds possessed
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or dispossessed rather somebody who is
in occupation of a piece of property so
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if you are in possession of the land for
at least 12 years you may be able to
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register the land in your own name and
you make that application to the
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property registration authority land
registration rules of 2013 are the
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relevant rules rule 17 and 45 are the
specific ones so application for first
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registration based on possession is rule
17 so where an application for
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registration of ownership of property is
based on possession or where the
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applicant has no documents of title in
his or her possession or under his
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control and the authority that's the
property registration authority
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satisfied on inquiry or otherwise that
the applicant is in possession or in
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receipt of the rents and profits of the
property the application may be made in
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form 5 so form 5 is the necessary form
to make an application to the property
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registration authority to be registered
as the owner
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based on possession that's for first
registration you must prove then this
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possession or continued dispossession of
the owner so it's not enough that you
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are there with the consent of the owner
it's not enough that you're there paying
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rent or you may have paid rent and then
given up paying rent because that isn't
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adverse to the title of the owner that
is a recognition of the owner's title so
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your dispossession or continued
dispossession must be adverse possession
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taken by you
it must have continued for at least 12
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years and no disability mistake or fraud
will exclude your claim in other words
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there is an exclusion to do with
disability or mistake or fraud in other
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words if you fraudulently dispossessed
somebody or if there's a genuine mistake
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the dispossession of the true owner and
this is very significant must show an
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intention to exclude the true owner from
enjoyment of the property and the
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possession must be inconsistent with the
owners enjoyment of the land now
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possession will not be inconsistent with
the owners enjoyment of land if you were
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for example in occupation both paying
rent or there on some sort of a lease or
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license or something of that nature
unregistered land you use form five the
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application for freehold interest in
unregistered land based on adverse
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possession or squatters title requires
documentary title of at least 15 years
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starting with a good route of title and
showing the person entitled to the
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property on the date of dispossession
that person's interest on that date and
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evidence that possession taken was
adverse in other words you sought to
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exclude the true owner if there was an
owner on that date proof is required
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you need proof of adverse possession for
at least 12 years this may require an
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affidavit from you corroborating
evidence or affidavits from neighbors
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documentary records vouchers and so on
you'll also need a period map you may
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need a general valuation of a
certificate you need details of all
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rated occupiers during the period
of adverse possession and details of all
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persons registered as owners during the
period of adverse possession death
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certificates where necessary in other
words the true owner may have passed
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away and a tax clearance certificate
from Revenue Commissioners in respect of
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capital acquisitions tax registered land
slightly different rule 45 is a relevant
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rule in the land registration rules of
2013 title 2 registered property is
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acquired by possession
pursuant to section 49 of the Act
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so that's a specific piece of legislation of
the ACT out of the act come the
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rules any person claiming to have
acquired a title by possession to
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register property may apply and they use
form 6 so you use form five for unregistered
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land you use form six for registered land
and you submit the forms to the property
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registration authority so form six again
it's an affidavit you'll describe how
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occupation began how you claim to have
established your title for example
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deliberate squatting with intention to
acquire the property taking possession
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as one of the next-of-kin of a deceased
owner against the personal
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representative of such owner or the
next of kin uses that you've made of the
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property the persons against whom you
claim to have acquired your title and so
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on this is all to be set out in the
affidavit ultimately it goes into the
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property registration authority they'll
have a look and then decide whether you
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are going to be registered or not there
are special cases - unproved wills
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strictly speaking an unproved will is
not adverse possession however you can
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make an application using this same
general rule under Section 49 of the
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acts or section 49 application may be
accepted by the PRA in a situation of an
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unproved will if a possession of at
least 12 years is shown
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spouses they cannot be in adverse
possession to the spouse lost deed
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possession it's not adverse possession
but again an application to the PRA may
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be accepted under Section 49 of the
registration of title Act 1964 that is
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the relevant act and as I say
out of that act then the
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particular rules are drafted after 2013 rules and they're the rules that the property
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Registration Authority will apply when
it comes to you looking to register
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possession by person represented as a
personal representative could bar the
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beneficiaries by six years adverse
possession and next of kin with an
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entitlement to share an estate can bar
the rights of other next of kin by
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adverse possession so I hope you find
this video useful if you do you might
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give it a thumbs up down below and you
may be interested in subscribing to my
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youtube channel
thank you for watching
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