Squatters rights

[cosy]

A friend of mine is selling a piece of land to a developer, the developer has come back (with a Map) showing that a neighbours back garden has encroached on his field i.e the neighbour who built about 30 years ago has taken about .2 acre of my mates field. The developer has asked for clarification.

My questions is. Where does my mate stand with the neighbour (have they squatters rights), and also the developer saw the land and agreed a price on what he saw so should the price be for what he saw.

PS he is getting €250,000 per acre so .2 acre = €50,000

thanks

 

[CCOVICH]

and also the developer saw the land and agreed a price on what he saw so should the price be for what he saw.

I'n not a solicitor, but I doubt this holds any water-land sales are generally subject to title etc.

 

[Superman]

Firstly it doesn't matter what the developer agreed. He can walk away at any stage until the contracts are signed. Land cannot be sold under a verbal contract - this is the reason that gazumping etc. can happen.

Regarding the neighbour. Use of land to the exclusion of others for 12 years will mean that under the statute of limitations he will (probably) have extinguished the rights of your friend to the land. You should talk to a solicitor. There are one or two exceptions to this - the only one of relevance that I can think of is it is possible to show that neighbour had no intention to take the land to the exclusion of others. E.g. if it were possible to get the neighbour to say he had a right of way over this section of land rather than he owned it, it would mean that the land is owned by your friend. (This would be because one cannot hold an easement over one's own property and to claim an easement is to deny ownership by definition).

So have your friend talk to his solicitor.