Adverse Possession

Overview  A person may acquire ownership of property by remaining in possession of it for the period prescribed by law, for the owner to take legal action to recover possession. This is sometimes referred to as squatting or adverse possession.… Read the rest

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Background to Legislation Older limitations laws did not provide an effective system of adverse possession.  These laws were not updated and the effect was that no limitation period existed.  The Real Property Limitation Act, 1833 modernised the law and simplified the law on adverse possession. … Read the rest

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Limitation Periods Rent A six-year time limit applies to actions to recover arrears of rent. The same time limit applies in respect of arrears of a rentcharge. A rentcharge is a species of property right.  Where property is subject to a rentcharge and the rent is not paid for 12 years, this will bar the title to the rentcharge itself.… Read the rest

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Adverse Possession & Registered Title The principle of adverse possession and acquisition of title under the Statute of Limitations applies to a registered title.  The Registration of Title Act provides for both acquisitions of title to existing registered title land and applications for first registration of unregistered title, based on adverse possession. … Read the rest

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