University of Limerick Institutional Repository

Adverse posssession and unadministered estates: an unfair solution to a redundant Irish problem

DSpace Repository

Show simple item record

dc.contributor.author Woods, Una
dc.date.accessioned 2021-03-25T11:05:00Z
dc.date.available 2021-03-25T11:05:00Z
dc.date.issued 2016
dc.identifier.uri http://hdl.handle.net/10344/9921
dc.description peer-reviewed en_US
dc.description.abstract It is frequently asserted that the doctrine of adverse possession performs a valuable social function in Ireland by allowing the ownership of land forming part of an unadministered estate to be updated many years after the death of the owner. More specifically, it is argued that this role is particularly important in rural Ireland where, historically, will-making was uncommon, emigration was widespread and grants of representation were rarely extracted in relation to small farms. 1 The typical scenario involved the death of the registered owner of a farm2 with the result that his children became entitled to the land as co-owners under the rules governing intestacies. However, only one (or some) of his children remained in possession of the farm for 12 years or more, while the others left to work and live elsewhere. In the meantime, the deceased farmer’s estate remained unadministered. On the expiry of the limitation period, a Land Registry application could be made by the child in possession, frequently the eldest son, pursuant to s 49 of the Registration of Title Act 1964 to register him as the new proprietor on the basis of his adverse possession. 3 A s 49 application avoids the inconvenience and expense of extracting multiple grants if there was more than one death on the title or the need to obtain numerous consents to a deed of family arrangement for the purposes of releasing the intestate shares of the applicant’s siblings. en_US
dc.language.iso eng en_US
dc.relation.ispartofseries Northern Ireland Legal Quarterly;67 (2), pp 137-154
dc.relation.uri https://nilq.qub.ac.uk/index.php/nilq/article/view/105
dc.subject Adverse Possession en_US
dc.subject Unadministered Estates en_US
dc.subject adverse possession en_US
dc.subject unadministered estates en_US
dc.title Adverse posssession and unadministered estates: an unfair solution to a redundant Irish problem en_US
dc.type info:eu-repo/semantics/article en_US
dc.type.supercollection all_ul_research en_US
dc.type.supercollection ul_published_reviewed en_US
dc.date.updated 2021-03-25T10:02:53Z
dc.description.version PUBLISHED
dc.rights.accessrights info:eu-repo/semantics/openAccess en_US
dc.internal.rssid 2710573
dc.internal.copyrightchecked Yes
dc.identifier.journaltitle Northers Ireland Legal Quarterly
dc.description.status peer-reviewed


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ULIR


Browse

My Account

Statistics