Guidelines to Land Registration in Ireland

Presented by Proinnsias Ó Cillín BL, BSc (IT), MSc, Land Registration Consultant

10. Adverse Possession Guidelines (s.49 and First Registration)

The essence of adverse possession is that somebody had a right of action to recover the land from the person in occupation; that the right of action was not exercised within the period of time allowed by the Law; and that, consequently, the right of action is barred and the estate of the owner of the right of action extinguished. It is this extinguished estate or interest that, in effect, vests in the squatter. In order to prove these things, the following steps are necessary:

Describe the circumstances in which adverse possession commenced, or in which lawful possession became adverse. These circumstances should show that at that point in time somebody had a right of action against the squatter.
Describe the acts of ownership of the applicant and his predecessors.
These acts should be such as indicate sole and exclusive possession.
If the original squatter was a tenant or a leaseholder, show how the tenancy or lease has terminated (unless you are applying in respect of a subsisting lease).
Describe the title of the dispossessed owner (fee simple, leasehold, fee farm grantee).

Note that, under the Registration of Deeds and Title Act 2006, a squatter can now register his title to a Leasehold.

5. Disclose the names and addresses of the dispossessed owners, their successors and representatives, or aver that diligent searches have been made and these are not forthcoming.

Note that, where an applicant is fails to disclose relevant names and addresses known to him, he is making a false averment and, therefore, committing an offence, which could become a serious matter.

If no information is forthcoming as to the title of the dispossessed owners, provide such circumstantial evidence as is available to indicate that the title squatted against is the fee simple, (e.g., possession free of any demand for rent for 30 years and nothing to indicate the property is leasehold).
Obtain a historical certificate from the Valuation Office showing the occupiers and “immediate landlords” of the property for 50 or 100 years last past and a Valuation Office map showing the property referred to in the certificate; and justify the application by reference to the information therein.

(This is necessary in First Registrations, but not normally required in section 49s).

8. Show how title devolved from the original squatter to the applicant. Produce the relevant deeds and Wills and other documents, (e.g., Conveyance “in fee simple or for all the estate right title and interest of the grantor.”)

9. Provide the names and addresses of the owners and occupiers of all land adjoining the property in application.

10. 12 years possession is necessary against a known owner of full age and sound mind at the date the adverse possession commenced, extended in the case of a minor; 30 years against a lunatic or the state.

Where names and addresses are not provided, Land Registry practice requires 30 years’ possession.

11. Possession against a limited owner: the statutory period only runs against the remainder estate from the date it comes into possession.

12. The statute does not run in favour of a Trustee or Bailiff against the beneficiary, but a legal Personal Representative is not a trustee for the purpose of the Statute.

13. The case should be made on affidavit in Form 5 of the Land Registration Rules. Add paragraph 4 of Form 16, which avers that any documents in the applicant’s possession have been produced.

Make sure the affidavit looks like a Form 5: otherwise it will be rejected. (Paragraph 1 and 2 strictly in the prescribed format).

In First Registration applications, Lodge searches with the Application (Judgments Office and Registry of Deeds).

Proinnsias Ó Cillín

Land Registration Forum

Societal Information System (project 1997 - 1999)

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