Land related litigation, otherwise known as property litigation, can be multi-faceted. Contracts involving the sale of land, ownership of property and rights of way are some of the more commonly litigated matters when dealing with property disputes.
Adverse Possession and Squatters Rights Claims
Adverse possession is a notoriously complex area of legal practice. Clients can often be surprised when advised the land they have always considered as theirs, or even the land they considered was their parents’ or grandparents’, in fact is registered to someone else. This revelation may only arise when the registered owner, or a descendent of the true owner, is now asserting their ownership to it.
Sometimes the issue of an ownership can become blighted by someone claiming adverse possession, colloquially known as ‘squatters rights’. This usually occurs where an individual, or a successor, claims they have been in exclusive occupation of land for a period of 12 years, thereby extinguishing the rights of the owner
While such a set of circumstances may seem dramatic, the reality is that everyday these cases are litigated upon. They can prove distressful and unnerving to someone unaccustomed with these types of cases. However, we have the necessary experience to advise and assist you in any and to alleviate your concerns by informing you of your rights and options when confronted by such a case.
Litigation involving the Sale of Land
Contracts for a sale of land can go wrong. In this case, there are rights and remedies available for either a vendor (seller) or purchaser.
A contract for land is subject to the same requirements of any contract. Where a contract is breached, remedies exist under contract law. For example, it may be open to a party to seek to enforce any of the general conditions applicable under the contract of sale such as the issuing of a completion notice to complete a sale. Under equity, it may be possible to seek a specific performance, thereby ordering each party to carry out what was agreed to be done. Finally, it may be possible to seek damages for breach of contract.
Rights of Way
The law regarding rights of way have changed recently. Under the Conveyancing and Law Reform Act, 2009 and the Civil Law (Miscellaneous Provisions) Act, 2011, rights of way may now be registered in the Property Registration Authority by completing a detailed application form. However, in the event there is a dispute, litigation may arise. This may occur where a party denies a right of way exists over their land, or alternatively where an existing right of way is being prevented from being used due to actions taken by a landowner.
Anyone faced with this situation should contact us immediately in order to discuss the matter.
If you require our advice or assistance in respect of any of the above matters, please do not hesitate to contact us at 074-9725105 or at any of our other contact details.
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