Would it be possible to add a couple of examples of where an application might be declined, in relation to registered property please? Much appreciated.
Dear Terry, please could you advise me if changing the locks on an empty/abandoned property, in order to start adverse possession is unlawful. Thank you
For example if a registered property has clearly not been used and clearly left unattended /abandoned i:e windows garden overgrowth boarded windows etc. Can I leave a sign on the front door saying no trespassing with my number ? Also if this is done for a number of weeks or months with no contact made can I change the locks and begin an adverse possession?
@@terrygorry I've watched the video twice but it's not very clear on adverse possession on a property that is clearly not been lived in by the state of the property as it's been vandalised, cob webs, windows smashed, no power. The house has been empty for several years. Can you put a notice up and change the locks to take adverse possession? Also, how likely that it could be granted after 10 years? Do you know of any that have been successful? Or do the council fight for it and claim it? The house is in the UK and not owned by Prince Charles!
@@isuggsy Ireland is a separate, independent republic since 1919/1922 having seceded from the UK in 1922. I have no training or expertise in UK (or US or French) law. You need to ask a UK solicitor.
i notice this says the statute of limitations doesnt apply if there is disability involved.... what if the disabled owner has a power of attorney? then they did have someone of sound competent mind thinking for them so does it still apply?
Terry been living in a boat yard for the last 4 years the land was sold to property developers but was denied planning permission. It has an old coal house which was run down. So I've done it up bit by bit over the last 4 years very discreetly and turned into my home and now have a post box and have mail sent. I'm worried about being evicted as rumors have come around they have now been given permission to build on the land if they build a local community centre. I'm obviously squatting but now consider this my home. What should I do ? Thank you
@@terrygorry thanks Terry, is there anything you would suggest I do if planning doesn't go through. Would you suggest to stay as it's been unused since 2004 but planning was applied for 2015 rejected 2019 rejected 2021 hoping it will be rejected. On and off I've been here the last 10 years. But officially the last 4 years with mail.
Can I fence off a section of a forest, put a sign up, saying private property and my phone number, and if I am un interrupted for 12 years can i claim possession?
hi terry i was renting land from a guy who moved away and never came back he passed away few years ago if i was to claim adverse possession would the 12 year start after he moved away ? thanks terry
Hi Terry, great video. A quick question regarding the time period of 12 years. In your jurisdiction, does successive squatters add to the time period? E.g an adverse possessor holds land for 10 years then sell the property together with any possessory rights of the adverse land, can you combine that period so that if the new owner holds the land for 2 years then they will comply with the 12 years period?
We are looking to buy the land next to us. A man has been staying there for 25 years. The taxes are paid under dead mother’s name. The actual owner died 3 years ago. He has no running water or car and the place is an epa hazard. And all trashed up. If we buy this from the actual owners estate can he fight us for it?
@@terrygorry the land is right next to us in ohio The squatter lived there with his parents who have been gone 10 years but he still pays the property taxes under his dead mothers name.
Terry, please can you do a clip on buy to let in Ireland. There's nothing at all on RUclips.. go raibh maith agat. I'm in the UK but can see a real opportunity in BTL in my native. I would go into partnership with a sibling who lives there and has a decent income there.
Looking forward to seeing that. I just discovered that there are no interest only buy to let mortgages available in Ireland. So is buy to let really only for people who don't require a mortgage? No wonder that house prices there are the same as 14 years ago when I bought my old family home.
Thanks for your answer to my question regarding Adverse Possession or Squatter's rights I purchased the property 6+ years ago, from the dependents of the registered owner who is deceased, (died 1995) he had 2 children who have died also, only one left is one of his children's husband, I bought the property from him in good faith. solicitors can't seem to find any wills, the property was passed down from father to son, from son to sister, from sister to her husband, it seems the simplest thing for me to do is to apply for Adverse Possession or Squatter's right. do you have any ideas regarding the above.
Hi Terry, Can you give me a bit of advice. There’s 30 acres in my grandmothers name which she received upon the death of her husband who died back in 2004. His brother has lived on the property for over 20 years and has previously contested (2003)my aunts attempt to build a house on a 1 acre site (obviously he feels it’s his land) but my grandfather had successfully signed it over to her. So it seems it’s possible to transfer the title of the land without a problem but My grand uncle has never tried to claim adverse possession despite the fact he has lived on the property for over 20 years so where does that leave our side of the family? There is talks that my grandmother might sign over the title of the land to me but where does this leave me? I very well may get the title into my name but won’t I have the same problem my aunt had when it comes to me or is there a way around it the fact that I’m the new title holder?
Just to clarify my aunts situation she felt it wasn’t worth the stress of it as she was expecting. The guards decided it was a civil matter so she walked away from it and never pursued it further.
Thank you for this Terry. i purchased house and garden in 2015. It went for First Reg in 2016 and was subsequently found that the garden was ground that the owner of the house in 1972 took into their possession. This owner subsequently went on to sell to his/her daughter in 1995 and this daughter continued to use the land as her garden until the time of her sale to me. Was the onus on her solicitor to disclose this at the time of sale to me. Or indeed did her solicitor even know this. Should this have shown up on searches by either her solicitor or my solicitor at that time.
Ok quick question . Say there is an estate of a family . One of the children starts using the stables of their elderly parents . Put locks on the doors and store junk in the property. Would this section of the estate/demesne become theirs through adverse possession?
Hi Terry ,My house has land on the back of it i have fenced it off my my neighbours for 11 years i want to register the land on my name.No one has interfered or legally taken any action against me regarding the land.We have used the land as an extension of our rear garden.i.e rear garden is ajoined to it Can i still go ahead even if been 11 years to register it.
Your information is not correct regarding adverse possession, your saying you have to be in possession for 12 years before applying for squatters rights, it is 6 years in the case whereby the registered owner has died
3.2. Reduction of the statutory period. "The period of Limitation remained 12 years up to the 1st of January, 1967. From and after that date, under section 126 of the 1965 Act a beneficiary of a deceased owner in possession bars the other beneficiaries by 6 years adverse possession or in the case of persons under disability 9 years e.g. an additional 3 years from date of death or recovery of the person under disability. But a legal personal representative is not barred for 12 years. See paragraph 20.1. However, it must be borne in mind that where the property being acquired is not part of the estate of a deceased owner, the period of limitation is 12 years and in the case of persons under disability the period is extended as provided in Chapter II of the 1957 Act. In other words, the application of the shortened period of limitation in Section 126 and 127 of the 1965 Act , applies only in the case of the administration of estates of deceased persons who died after 1st of January 1967." Source: www.prai.ie/adverse-possession-title-by-adverse-possession-to-registered-land/ PRAI website
Found a great property in Roscommon. .. Laying my claim
How is it going for you Cathal?
Thanks for the video it has helped regardless of the fact that I'm in an entirely different jurisdiction. Very good presentation.
Thanks.
Thanks for this video I've been looking at boarded houses in the area.
You can do it with that kind of house ?
i hope you're not kidding hahaha
Thanks for making the video, was very informative!
Would it be possible to add a couple of examples of where an application might be declined, in relation to registered property please? Much appreciated.
Dear Terry, please could you advise me if changing the locks on an empty/abandoned property, in order to start adverse possession is unlawful. Thank you
It depends on all the circumstances, when it was abandoned etc.
For example if a registered property has clearly not been used and clearly left unattended /abandoned i:e windows garden overgrowth boarded windows etc. Can I leave a sign on the front door saying no trespassing with my number ? Also if this is done for a number of weeks or months with no contact made can I change the locks and begin an adverse possession?
You need to watch the video again.
@@terrygorry I've watched the video twice but it's not very clear on adverse possession on a property that is clearly not been lived in by the state of the property as it's been vandalised, cob webs, windows smashed, no power.
The house has been empty for several years.
Can you put a notice up and change the locks to take adverse possession? Also, how likely that it could be granted after 10 years?
Do you know of any that have been successful? Or do the council fight for it and claim it?
The house is in the UK and not owned by Prince Charles!
@@isuggsy Ireland is a separate, independent republic since 1919/1922 having seceded from the UK in 1922. I have no training or expertise in UK (or US or French) law. You need to ask a UK solicitor.
i notice this says the statute of limitations doesnt apply if there is disability involved.... what if the disabled owner has a power of attorney? then they did have someone of sound competent mind thinking for them so does it still apply?
Don't know that
Terry been living in a boat yard for the last 4 years the land was sold to property developers but was denied planning permission. It has an old coal house which was run down. So I've done it up bit by bit over the last 4 years very discreetly and turned into my home and now have a post box and have mail sent. I'm worried about being evicted as rumors have come around they have now been given permission to build on the land if they build a local community centre. I'm obviously squatting but now consider this my home. What should I do ? Thank you
Look around for alternative accomodation is what I'd do.
@@terrygorry thanks Terry, is there anything you would suggest I do if planning doesn't go through. Would you suggest to stay as it's been unused since 2004 but planning was applied for 2015 rejected 2019 rejected 2021 hoping it will be rejected. On and off I've been here the last 10 years. But officially the last 4 years with mail.
Can you take adverse possession of any type of property? Can you take Absolute title properties?
In British Columbia Canada, they have abolished adverse possession back to 1975.
Is this what's happening to us why we can't own land in ontario canada
I don't understand the tax implications here. What tax is due to be paid by someone who obtains property by adverse possession?
Can I fence off a section of a forest, put a sign up, saying private property and my phone number, and if I am un interrupted for 12 years can i claim possession?
Yes, but you must exclude others, including the true owner, openly and without secrecy.
Thanks, without secrecy, does that mean that they have to know about what I am doing?
@@boxingsimulations3812 Love the name.. how far did you get with you plan man? I want some forest land as well, and near flowing water
hi terry i was renting land from a guy who moved away and never came back he passed away few years ago if i was to claim adverse possession would the 12 year start after he moved away ? thanks terry
Hello Terry please explain registered land & unregistered land, i though all land in Ireland is registered on folio maps?
I did one already:ruclips.net/video/aNs5NKW7EpY/видео.html
Good day you right member of land grabbing same my case thanks sir
Hi Terry, great video.
A quick question regarding the time period of 12 years. In your jurisdiction, does successive squatters add to the time period? E.g an adverse possessor holds land for 10 years then sell the property together with any possessory rights of the adverse land, can you combine that period so that if the new owner holds the land for 2 years then they will comply with the 12 years period?
No, I do not believe so.
The owner is dead 11y ago, no will only some cousines but do not take care of property , can I do advertise possesion
Doubtful. You would need to arrange a consultation 👍
Great video. Thank you very much.
Any success stories??
Yes.
We are looking to buy the land next to us. A man has been staying there for 25 years. The taxes are paid under dead mother’s name. The actual owner died 3 years ago. He has no running water or car and the place is an epa hazard. And all trashed up. If we buy this from the actual owners estate can he fight us for it?
What taxes? Where is the land?
@@terrygorry the land is right next to us in ohio The squatter lived there with his parents who have been gone 10 years but he still pays the property taxes under his dead mothers name.
I have asked my solicitor many many times but I got no response but thanks anyway
Terry, please can you do a clip on buy to let in Ireland. There's nothing at all on RUclips.. go raibh maith agat. I'm in the UK but can see a real opportunity in BTL in my native. I would go into partnership with a sibling who lives there and has a decent income there.
Yes, will put it on list
Looking forward to seeing that. I just discovered that there are no interest only buy to let mortgages available in Ireland. So is buy to let really only for people who don't require a mortgage? No wonder that house prices there are the same as 14 years ago when I bought my old family home.
Thanks for your answer to my question regarding Adverse Possession or Squatter's rights I purchased the property 6+ years ago, from the dependents of the registered owner who is deceased, (died 1995) he had 2 children who have died also, only one left is one of his children's husband, I bought the property from him in good faith. solicitors can't seem to find any wills, the property was passed down from father to son, from son to sister, from sister to her husband, it seems the simplest thing for me to do is to apply for Adverse Possession or Squatter's right. do you have any ideas regarding the above.
You should ask the solicitor who acted for you to advise you as he would be more familiar with the case than I would be.
I live in a tent in a field since 2012
Nobody has ever come near me and told me to get off the land, whats the story
2 years to go its mine so😂
Haha good luck
Hi Terry,
Can you give me a bit of advice. There’s 30 acres in my grandmothers name which she received upon the death of her husband who died back in 2004. His brother has lived on the property for over 20 years and has previously contested (2003)my aunts attempt to build a house on a 1 acre site (obviously he feels it’s his land) but my grandfather had successfully signed it over to her. So it seems it’s possible to transfer the title of the land without a problem but My grand uncle has never tried to claim adverse possession despite the fact he has lived on the property for over 20 years so where does that leave our side of the family? There is talks that my grandmother might sign over the title of the land to me but where does this leave me? I very well may get the title into my name but won’t I have the same problem my aunt had when it comes to me or is there a way around it the fact that I’m the new title holder?
Just to clarify my aunts situation she felt it wasn’t worth the stress of it as she was expecting. The guards decided it was a civil matter so she walked away from it and never pursued it further.
No problem giving advice, that's what I do for a living. You need to arrange a consultation, however.
Terry how can I schedule a consultion?
@@h.o.p.e.2541 contact the office
Thank you for this Terry. i purchased house and garden in 2015. It went for First Reg in 2016 and was subsequently found that the garden was ground that the owner of the house in 1972 took into their possession. This owner subsequently went on to sell to his/her daughter in 1995 and this daughter continued to use the land as her garden until the time of her sale to me. Was the onus on her solicitor to disclose this at the time of sale to me. Or indeed did her solicitor even know this. Should this have shown up on searches by either her solicitor or my solicitor at that time.
Mairead, I don't give legal advice on RUclips. Only information. If you want legal advice you will need to arrange a consultation.
Ok quick question . Say there is an estate of a family . One of the children starts using the stables of their elderly parents . Put locks on the doors and store junk in the property. Would this section of the estate/demesne become theirs through adverse possession?
hi gary can you help me please
Sure can, ring the office and arrange a consultation
Hi Terry ,My house has land on the back of it i have fenced it off my my neighbours for 11 years i want to register the land on my name.No one has interfered or legally taken any action against me regarding the land.We have used the land as an extension of our rear garden.i.e rear garden is ajoined to it
Can i still go ahead even if been 11 years to register it.
Apply to the PRA, they will let you know whether you can register it or not.
To me Adverse Possession is glorified by Law.
Your information is not correct regarding adverse possession, your saying you have to be in possession for 12 years before applying for squatters rights, it is 6 years in the case whereby the registered owner has died
3.2. Reduction of the statutory period.
"The period of Limitation remained 12 years up to the 1st of January, 1967. From and after that date, under section 126 of the 1965 Act a beneficiary of a deceased owner in possession bars the other beneficiaries by 6 years adverse possession or in the case of persons under disability 9 years e.g. an additional 3 years from date of death or recovery of the person under disability. But a legal personal representative is not barred for 12 years. See paragraph 20.1.
However, it must be borne in mind that where the property being acquired is not part of the estate of a deceased owner, the period of limitation is 12 years and in the case of persons under disability the period is extended as provided in Chapter II of the 1957 Act. In other words, the application of the shortened period of limitation in Section 126 and 127 of the 1965 Act , applies only in the case of the administration of estates of deceased persons who died after 1st of January 1967."
Source: www.prai.ie/adverse-possession-title-by-adverse-possession-to-registered-land/ PRAI website