High Court finds that a man who's tenancy of a property ended in 1998 and who continued to occupy same without paying rent until 2012 has not acquired adverse possession, on the basis that the plaintiffs' predecessor in title performed certain minimal acts of possession prior to the expiry of the relevant 12-year limitation period.
Plaintiffs seek possession of a property in Galway ("the property") - plaintiffs purchased the property in 2012 believing, on the basis of the title, that it was vacant - following purchase, plaintiffs' discovered that defendant was inhabiting the property - defendant opposes proceedings for possession - claims to have acquired adverse possession of the property - defendant says he was in possession of the property for 12 uninterrupted years without paying rent - whether defendant has established uninterrupted possession for 12 years in a manner adverse to the true owner - s.17(2) of the Statute of Limitations, 1957 - owner of a property assumed to have requisite intention of possession until contrary is proved - court finds that plaintiffs' predecessor in title performed acts of possession prior to running of 12-year limitation period - specifically, court notes repair to roof and insuring of the property - court notes that such minimal acts constitute act of possession - court awaits further submissions as to the nature of any further orders to be made.