Adverse Possession

Question 1

Statute of Limitations Act

Answer 1

1957

Question 2

No action to recover land brought not by a state body after the expiration of 12 years

Answer 2

s13(2)

Question 3

State solicitor is not a state body

Answer 3

O’Hagan v Grogan

Question 4

Could leave no doubt in the mind of a landowner that occupation adverse to his title was taking place

Answer 4

Doyle v O’Neill

Question 5

Doyle v O’Neill

Answer 5

Could leave no doubt in the mind of a landowner that occupation adverse to his title was taking place

Question 6

Adverse possession starts

Answer 6

when the adverse possessor occupies

Question 7

the title extinguished can be

Answer 7

no greater than the title of the paper owner

Question 8

Factual possession signifies an appropriate degree of physical control

Answer 8

Powel v McFarlane

Question 9

Powel v McFarlane

Answer 9

Factual possession signifies an appropriate degree of physical control

Question 10

minimal acts continue possession

Answer 10

Dunne v Iarnród Éireann 2007

Question 11

Dunne v Iarnród Éireann 2007

Answer 11

minimal acts continue possession

Question 12

Dunne v Iarnród Éireann 2007 judge

Answer 12

Clarke J

Question 13

once the title is extinguished, no subsequent act of possession can be re-instated

Answer 13

Dunne v Iarnród Éireann 2007

Question 14

sporadic visits to the property where not enough for adverse possession

Answer 14

Dunne v Iarnród Éireann 2007

Question 15

Back garden - not sporadic visits

Answer 15

Byrne v Dublin City Council 2018

Question 16

if true owner does nothing to interrupt possession title is extinguished

Answer 16

Hamilton v ACC Loan Management 2018

Question 17

Paper owner walked the land

Answer 17

Brown v Fahey

Question 18

visited the property several times a year

Answer 18

Mulhern v Brady

Question 19

brought auctioneer to the property

Answer 19

Moley v Fee

Question 20

serving a letter but never entering the property is not sufficient to disturb period of adverse possession

Answer 20

Mahon v O’Reilly

Question 21

Permitted to graze cattle

Answer 21

Brown v Fahey 1975

Question 22

possession with consent/ license of the owner

Answer 22

Hughes v Griffin

Question 23

permission to live in the house - implied license

Answer 23

A v C 2007

Question 24

Animus possidendi is possession inconsistent with the title and the inconsistency involves an intention to exclude

Answer 24

Murphy v Murphy 1980

Question 25

Murphy v Murphy 1980

Answer 25

Animus possidendi is possession inconsistent with the title and the inconsistency involves an intention to exclude

Question 26

Feehan v Leamy 2000 judge

Answer 26

Finnegan J

Question 27

‘an intention to preclude the true owner and all other persons from enjoyment of the estate’

Answer 27

Feehan v Leamy 2000

Question 28

Feehan v Leamy 2000

Answer 28

an intention to preclude the true owner and all other persons from enjoyment of the estate’

Question 29

found there was no intention to exclude

Answer 29

Dundalk UDC v Coleman

Question 30

there must be clear and affirmative evidence that the trespasser had intention to possess and made such intention clear to the world

Answer 30

Powell v McFarlane 1979

Question 31

Powell v McFarlane 1979

Answer 31

there must be clear and affirmative evidence that the trespasser had intention to possess and made such intention clear to the world

Question 32

fence needs to exclude all others

Answer 32

Tracey Enterprises McAdam Ltd v Dury 2006

Question 33

occasional visitors- no intention to exclude

Answer 33

Griffen v Bleithin 1999

Question 34

acts must be adverse to the owners future use

Answer 34

Leigh v Jack
Cork Corp v Lynch

Question 35

Future use taken into account when considering animus possidendi

Answer 35

Durack Manufacturing v Considine

Question 36

Defences

Answer 36

Acknowledgement
Fraud
Disability

Question 37

Acknowledgement

Answer 37

Edington v Clarke
in comparison to..
Ofulue v Bassert (without prejudice basis)

Question 38

Fraud

Answer 38

s71(1) 1957 Act

Question 39

Disability

Answer 39

s49 1957 Act