Publications

Legislative Update - Property Group: ECHR Judgment on the Doctrine of Adverse Possession

• Adverse possession (or squatters rights) is a concept frequently relied upon by parties in relation to lands they have occupied continuously and exclusively for over 12 years without interference, but which they either know or subsequently realise that they do not have title to. This scenario can arise where small parts of a property outside of the boundary have been used continuously and exclusively for over 12 years without a third party ever having a difficulty with that occupation. It can also arise in respect of a piece of land occupied entirely independently of any other property in the vicinity. In some circumstances, applications are made by those parties to the Land Registry to be registered as owners (with possessory title) of the lands which have been occupied.
  This decision of the European Court of Human Rights has been pending for a number of years and the Irish Land Registry were keen to see what decision the ECHR would ultimately make as they process all applications for registration of squatters rights relating to registerd land. The August 2007 decision should now hopefully ease the path of the registration of some of those applications, particularly where they are uncontested.
  
• 31.10.2007