Quote:
Originally Posted by Derek Wheeler
Classic idea!
Stamp has it right me thinks. A barrister will only take it on if he/she thinks it has a chance. I predict payout.
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as a one time land law student i predict the same. though this could go far far away, cos there was an ECHR ruling on it a while back, that adverse possession of registered land was incompatible with the european convention on human rights (registered land being registered, the concern of security of title that adverse possession law is based on doesn't apply, as you only need look at the land register to see who owns land. with unregistered land, to see who owns it, you need to look at the land, therefore adverse possession law can apply). If it's unregistered land, though, as seems likely as it probably hasn't been agricultural land since before the 60's (there were tax incentives and such since then for farmers to register land, so most of it is registered, but most city land isn't, including some of the most valuable properties in the country), i'd imagine your man has a very strong case. I'd guess about 80% chance of winning. He'll probably settle though and buy a stud farm in the curragh (next to the railway line, so he can avail of loadsadosh should they ever need a CPO to four track down there). The barrister and the courts for that matter don't want this to go on too far or it could feck up land law in this country on adverse possession so i expect a settlement soooooon.
i'm glad this wasn't on the navan line, cos then it would never get done. does anyone know if any of the CIE land in the navan direction is currently being adversely possessed, cos i'm sure there are some fellas out that way too looking for a wad of cash if they can get it.