# adverse possession/feud with family member



## trailite (12 Sep 2008)

I have posted here before regarding the ongoing saga of brother who will not see reason.
This saga relates to Irish law question please.
Can brother claim adverse possession to our shared house. (in south)


Short version, My sister and I were left third share each of house
(brother has third share)
My sister and I work long hours/min wage in our late 50s. and want to retire.
We all three agreed to hold on to house and rent it out. That worked out fine until brother divorced and moved into the house after renter moved out.

No rent being paid by him since he moved into the house nine years ago.
(house when rented back then for four hundred Euro a month)
shared three ways.

(we had verbal agreement before he moved in, that he would pay same as previous renter) that never happened. Not a penny in nine years to his sisters.
 Nine years of lost revenue is bad enough, but now  my solicitor tells me my brother could claim  adverse possession in three years time if we don't get it settled before the 12 year squatters rights comes into being.

(it is now nine years) and time goes by, and we are no further ahead in reasoning with him.
We retained solictor, he sent him letters to vacate, all ignored

He refuses to buy us out. He refuses to talk about it, (which is really sad for me) to loose the closeness we used to share before all of this.

Our  last option, was to take him to court to force sale of house.

Sister and I would hold off doing this if at all possible. To do this would involve a lot of money?
We were told at least 2000 Euro as a retainer for a barrister? Would it cost much more than 2000 to take him to court?


the thought of him claiming our share does not sit well with my sister and I.
Under Irish Law, can brother claim adverse possession, even though our solictor sent him several letters over the years to try and get brother to sort this out.

I have searched the net for information on adverse possession, but cannot find a case such as mine to compare with.
Any help much appreciated.


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## Artois (12 Sep 2008)

*Re: adverse possession/fued with family member*

I am sorry to hear of your situation. It appears that you and your sister have been taken advantage of. 

You should arrange for one final warning letter to be sent confirming court proceedings are iminent. Thereafter proceedings should be issued under the partition acts. 

U should note that not all lawyers need to be paid advance. U are unlikely to achieve anything without demostrating that u are serious about taking this matter all the way. costs can be paid out of ultimate sale of the property.


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## MOB (12 Sep 2008)

"Under Irish Law, can brother claim adverse possession, even though our solictor sent him several letters over the years to try and get brother to sort this out."

Perversely, the several letters your solicitor sent over the years may well strengthen your borther's position.  These letters are a proof of sorts that he may well be in adverse possession.

It seems to me that you want to know what you can do short of going to court.  The answer is that you can at least issue court proceedings (which should have the effect of 'stopping the clock' on the 12 year period).  Then, within reason, you can delay in letting the matter go forward to court (this delay could run to several years)  

If, as seems likely, you would then prefer to leave matters sit in the hope that sense will prevail (as opposed to, say, going on into court at full speed) then you really cannot expect any sane solicitor to do this much work without getting paid for it.  Money up front or money within 2-3 months; it amounts to much the same thing.

Adverse possession can be a tricky area.  Much can depend on the specific facts of a given case.  This post is no substitute for legal advice


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## AriesWoman (12 Sep 2008)

Is it possible that your brother is banking on you and your sister not going to court? I would suggest sending a final warning that court proceedings are imminent. If he realises the 2 of you are serious about going to court it may force him to rethink his attitude.

My mum had a dispute with her sister over property and when mum called her bluff my aunt backed down so calling someones bluff can work (I appreciate that it doesn't always work). However be prepared to go to court if it he doesn't back down. In any event you and your sister may have to decide between going to court or losing your shares to him through adverse possession.

Good luck with it and I hope it all works out for you and your sister.


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## TreeTiger (12 Sep 2008)

I've looked at your other posts on this issue and offer my sympathy, you and your sister have been badly taken advantage of.  Please don't feel guilty, it's not your behaviour that has caused the problem.  My opinion (I've no legal training  ) is that if he hasn't moved out after 9 years despite solicitors letters and personal appeals, he's not going to go unless he's made to.  I believe commencing court proceedings are your only option.  At least if you get the house back you may be able to get it rented and make some money that way.  Best of luck.


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## j26 (12 Sep 2008)

It's very long and involved, but the Property Registration Authority have a very good Practive Direction on registering averse possession.  It will give you a feel for the law on adverse possession in Ireland and what acts are necessary to make such a claim.  It's Practice Direction 15/2006.

It's a tricky area of law and I'd be loathe offer advice without full facts, but if I were you I'd be looking for a solicitor to stop the Statute of Limitations running.  There are ways to do this.


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## Guest106 (13 Sep 2008)

Why not invoice your brother for the rental ?  Or at least the last six years of it which is all you'll be able to claim under the statute of limitations.  Even if he doesn't pay which is to be expected give his behaviour to date, then have the outstanding amount attached as a lien to the property.  There is a process involving the courts for doing this but your solicitor should have no difficulty in guiding it through.  That way the proceeds of any future sale (his share that is) must by law go to discharge the lien before he gets a penny plus the interest stacks up year after year which will at some point bring home to your brother the fact that he is accummulating crippling debts which require to be addressed at some point.

Overall, you will have to 'up the ante' because people like your brother thrive on indecision and uncertainty.  You simply cannot expect to achieve success in a problem of this nature without demonstrating a robust intention to go after your legitimate rights and be prepared to fund the expense involved.

Have had some experience of a family nature and it wasn't pretty but a strategy via the law paid dividends after obstacles were addressed full on.

Remember: _"the law does not speak but to command and does not command save where it can compel"_

Guys like your brother invariably detest the law so what you need to do is give him plenty of it.


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## dazza21ie (14 Sep 2008)

trailite said:


> We were told at least 2000 Euro as a retainer for a barrister? Would it cost much more than 2000 to take him to court?
> 
> Under Irish Law, can brother claim adverse possession, even though our solictor sent him several letters over the years to try and get brother to sort this out.


 
If a case like this were to go to court you will be paying more than €2,000. The solicitor is asking for money up front because it is unlikely that the judge will award costs in a case like this. Therefore, each side must pay their own costs. Presuming the case would be taken in the circuit court it could cost up to 10,000 - another reason to reach a settlement. 

Your brother must show that he has been occupying the property without your permission. The solicitors letters could actually help his case to prove adverse possession.


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## Complainer (14 Sep 2008)

You have to go legal on this, and try not to let the emotional stuff get on top of you. He clearly doesn't care about the pressure he's put on you.


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## csirl (15 Sep 2008)

The cost of going to court will be less that the value of the share in the house that you'll lose otherwise, so going to court is the most economical solution. You need to think about your own future - your own retirement etc. and the sales proceeds are your nestegg.


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