Adverse Possession and Unfair Outcomes: The case for a qualified veto system

This article examines the extent to which the current Irish law on Adverse Possession has the potential to produce unfair outcomes. It explores the circumstances surrounding the most typical of adverse possession claims. There is evidence which suggests that many conflicts involving an adverse possession claim arise between siblings or neighbours. Such relationships are frequently underpinned by trust and goodwill leading to a reluctance on the part of the owner to initiate litigation or to take steps to formalise a consensual occupation arrangement. This article makes a case for the introduction of a qualified veto system of adverse possession to address this unfairness by bolstering the protection afforded by the law to owners and limiting claims by undeserving squatters. Most importantly, however, this new system of adverse possession could be fashioned to preserve the valuable functions currently performed by the doctrine.