Dáil Éireann Debate, Thursday - 17 June 2021
288. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage the way a form 5 application by a person (details supplied) can be progressed in view of the circumstances; and if he will make a statement on the matter. [32595/21]
View answerTo acquire title by adverse possession, an applicant must establish the nature of the interest claimed in the property and show how that interest has devolved to the applicant. To do this, the applicant must show that specific persons dispossess the original owner; those specific persons must enter into possession, excluding the true owner and all others; exercise such acts of ownership, use and enjoyment to amount to exclusive possession, with an intention of acquiring the title of the original owner and in a manner inconsistent with the title of the original owner.
If possession/occupation of property which is the subject of an adverse possession application is by permission, there is no adverse possession, as the applicant would be unable to fulfil the above-mentioned requirements for registration. However, if following rejection, an applicant has any further information that could establish that they did not have permission to enter possession of the property, they may wish to re-lodge the application and the new application will be treated on its own merits.
Otherwise, it is open to an applicant to appeal a decision of the Property Registration Authority to court pursuant to Section 19 of the Registration of Title Act 1964.
