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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience:  Barrister 17 years experience
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A member of my family owns some land which he has not attended

Customer Question

a member of my family owns some land which he has not attended for years have i any rights to it
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.
Hi,Could you give me a little more information please?On what basis do you think you may have rights to the land?I look forward to hearing from you.Al
Customer: replied 11 months ago.
the land in question is in co leitrim ireland,just wounder if i or the neighbours can stake a claim,as the owner lives in uk and has not attended it for years
Expert:  Aston Lawyer replied 11 months ago.
Hi,I am based in England, so will need to opt out and one of my colleagues will hopefully be able to assist you.Kind RegardsAl
Expert:  Buachaill replied 11 months ago.
1. Dear *****, in order for you or for some other person to have any rights to this land, you would have to fence it off yourself and prevent the real owner from getting access. This obtaining of exclusive possession would have to go on for longer than 12 years in order that you or anyone else could make a claim to the land. It is not sufficient if, as here, the real owner simply leaves the land unattended for years. Someone has to actually go in and seize possession and prevent the real owner gaining access for longer than 12 years.
Expert:  Buachaill replied 11 months ago.
2. You can tell simply whether the neighbours are making a claim by seeing if they have fenced the land off from any one else. They would need to prevent the real owner, or you, or anyone else, from gaining access an order to lay a claim for squatter's rights or adverse possession, to give it it's legal name. Accordingly, if you wish to lay claim, you should go down with someone who will fence the land off and exclude all others to it. This means in practice that you will have to leave some animals on the land as otherwise some neighbour will put in cattle or sheep and graze the land. If some neighbour grazes the land, this would defeat your claim, so you must prevent this happening.
Expert:  Buachaill replied 11 months ago.
3. Please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your question.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience: Barrister 17 years experience
Buachaill and 3 other Law Specialists are ready to help you
Customer: replied 11 months ago.
very very pleased ,a great help will recommend you to my friends
Expert:  Buachaill replied 11 months ago.
4. Thanks for your kind compliments.

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