Adverse Possession Flashcards
(39 cards)
Statute of Limitations Act
1957
No action to recover land brought not by a state body after the expiration of 12 years
s13(2)
State solicitor is not a state body
O’Hagan v Grogan
Could leave no doubt in the mind of a landowner that occupation adverse to his title was taking place
Doyle v O’Neill
Doyle v O’Neill
Could leave no doubt in the mind of a landowner that occupation adverse to his title was taking place
Adverse possession starts
when the adverse possessor occupies
the title extinguished can be
no greater than the title of the paper owner
Factual possession signifies an appropriate degree of physical control
Powel v McFarlane
Powel v McFarlane
Factual possession signifies an appropriate degree of physical control
minimal acts continue possession
Dunne v Iarnród Éireann 2007
Dunne v Iarnród Éireann 2007
minimal acts continue possession
Dunne v Iarnród Éireann 2007 judge
Clarke J
once the title is extinguished, no subsequent act of possession can be re-instated
Dunne v Iarnród Éireann 2007
sporadic visits to the property where not enough for adverse possession
Dunne v Iarnród Éireann 2007
Back garden - not sporadic visits
Byrne v Dublin City Council 2018
if true owner does nothing to interrupt possession title is extinguished
Hamilton v ACC Loan Management 2018
Paper owner walked the land
Brown v Fahey
visited the property several times a year
Mulhern v Brady
brought auctioneer to the property
Moley v Fee
serving a letter but never entering the property is not sufficient to disturb period of adverse possession
Mahon v O’Reilly
Permitted to graze cattle
Brown v Fahey 1975
possession with consent/ license of the owner
Hughes v Griffin
permission to live in the house - implied license
A v C 2007
Animus possidendi is possession inconsistent with the title and the inconsistency involves an intention to exclude
Murphy v Murphy 1980
