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10 Cards in this Set
- Front
- Back
Parliamentary conveyance theory
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Old, outdate theory
Not used anymore Stated that once land of another is occupied by a squatter, the original owners rights are conveyed to the squatter. No new folio was opened. Now a new folio is opened. |
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Animus possidendi
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The squatter has to have the mental state of wanting to possess the land. This is usually demonstrated by fencing off the land / ensuring that people cannot enter the land. However, there is debate about wether or not this is still necessary.
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Limitation periods
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Statute of Limitations 1957
State authority : 30 years Foreshore land, state authority : 60 years Normal people : 12 years |
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Leasehold
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Statute of limitations s17
Time runs against the tenant as soon as the squatter takes possession. Time runs against the landlord as soon as the original lease runs out. |
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Co-owners
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Statute of Limitations s21
Each owner is entitled to the property / rent |
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Acknowledgement
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Statute of Limitations 1957 s50-60
Where the squatter acknowledges the right of another concerning the land in their possession time will run from the acknowledgement and not the original date of possession. |
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Extinguishment of title
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Statute of Limitations 1957 s24
The title of the original owner are extinguished after 12 years and a new folio is opened in favour of the squatter |
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The Pye case
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This was a case before the ECtHR
The ECtHR stated that if you take someone else's land you should have to compensate them for it. While this was a fair decision, the effects of it have not been far reaching and it is widely forgotten about in practice in Irish land law. |
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Registered land v unregistered land
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Unregistered land is quite straightforward. The above rules apply.
Registered land is governed by s52 of the Registration of Title Act 1964 |
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Defences
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Acknowledgement (of the squatter's presence)
Payment (from the squatter to the original owner) Fraud Mistake Postponement : infancy or disability |