Access the full text.
Sign up today, get DeepDyve free for 14 days.
Boston College Environmental Affairs Law Review, 33
T. Merrill (1985)
Property Rules, Liability Rules, and Adverse PossessionNorthwestern University Law Review, 79
J. Stake (2001)
The Uneasy Case for Adverse PossessionGeorgetown Law Journal
Thomas Miceli, C. Sirmans (1995)
An economic theory of adverse possessionInternational Review of Law and Economics, 15
P. O'Connor (2006)
The Private Taking of Land: Adverse Possession, Encroachment by Buildings and Improvements Under a MistakeUniversity of Western Australia law review, 33
Conveyancing and Property Law Journal, 14
Gazette, 105
William Saxe
Boston College Environmental Affairs Law Review When "comprehensive" Prescriptive Easements Overlap Adverse Possession: Shifting Theories of "use" and "possession" When " Comprehensive " Prescriptive Easements Overlap Adverse Possession: Shifting Theories of " Use " and " Possession "
Gazette, 79.
Conveyancer and Property Lawyer, 4
Cardozo Law Review, 8
M. Park (2003)
The Effect of Adverse Possession on Part of a Registered Title Land Parcel
Conveyancing and Property Law Journal, 5
Conveyancing and Property Law Journal, 20
Irish Jurist (ns), 23
PurposeThis paper aims to examine the remedies currently available in Ireland to resolve boundary disputes to assess the importance of the role played by adverse possession in this context. It also examines the potential impact of certain reforms in this area of law.Design/methodology/approachThe research methodology is primarily doctrinal, although a comparative approach is adopted for the purposes of assessing whether certain lessons can be learned from recent reforms to the English law on adverse possession and the Australian approach to resolving boundary disputes, which relies heavily on mistaken improver and building encroachment legislation.FindingsThis paper demonstrates how the current law leaves certain mistaken improvers or encroachers on neighbouring land without a remedy, as they cannot rely on the doctrine of proprietary estoppel or adverse possession. If Ireland decides to replicate the English good faith requirement in relation to adverse possession of boundary land, the remedial vacuum facing these mistaken improvers or encroaching builders will become more pronounced. It is submitted that any such reform should be supplemented by the introduction of legislation akin to that operating in Australia which would facilitate the consideration of a broad range of factors and provide for flexible remedies to resolve such difficulties. It is also submitted that the legislation imposing such a good faith requirement should be carefully drafted to avoid the potential interpretative difficulties associated with the English reforms.Originality/valueBoundary disputes are an unfortunate fact of life. The prevalence of boundary disputes and high costs associated with boundary litigation makes this review and critique of the current law and potential reforms highly relevant.
International Journal of Law in the Built Environment – Emerald Publishing
Published: Apr 11, 2016
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.