Property Law, Adverse Possession Flashcards
What act governs adverse possession in Ireland?
The “Statute of Limitations (1957)”
What is adverse possession?
Acquiring title of the land, against the will of the true owner.
What is the first step of AP?
Identification of the land in question.
What case highlighted the ‘necessity of clear and specific identification of the land claimed’
“RE Fletcher (1975)”.
In regard to ‘identification of the land’, when will a claim fail?
If the land cannot be precisely identified.
How is possession defined?
As the use and enjoyment of the land.
To qualify as an adverse possessor, one must be in…
actual physical and continuous possession of the land
What case defines the “ENOS” principles of the ‘acts of possession’.
“Doyle”
What are the “ENOS” principles of the acts of possession.
Exclusivity, Non-Consesual, Obvious, Strong.
What case states that AP cannot occur based on permission and/or agency
“Hughes v. Griffin”
What case states that if one asks permission for usage, AP cannot be claimed.
“Doyle v. O’Neill”
What case states that AP cannot occur if the individual is a ‘receiver’ of the land.
“Bula LTD. v. Crowley”
What is meant by the term ‘receiver’ in “Bula LTD.”
Someone who occupies the land in a subordinate capacity, or on behalf of the landowner, such as a tenant or caretaker.
What were the main facts in “Dolan v. Reynolds”
Son claimed AP against parents. Had occupied home for 12 years. Had carried out renovations with agreement of all siblings and parents. Had received permission to take out a loan to fund this. Mother provided security on loan. Sibling and parents were not excluded from property.
What was the ruling in “Dolan v. Reynolds”. What was the reasoning?
No successful AP. No ‘animus possedendi’. No exclusive usage. Permission to occupy by parents.
