Advise Needed: Neighbour tries to claim land for his driveway

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PatMurphy

Guest
My father has a piece of land that a neighbour has used for about 30 years as a short cut to his house. There have been numerous arguements about this piece of land which is about 20' X 35' and small court case about discrupting the peace etc. The home owner has now filed a claim to take ownership of the land. (Before I forget: In previous court cases he has admitted the property is not his and he is not willing to buy it) My fathers lawyer has said it could take $15, 000 in court fees and if they win he may even have to pay their expenses too. How can this be? Is it possible for my father to sell the property (sqaure of land to someone else) and therefore it would be a new owner etc.

Any help would be greatly appreciated.

Thank you, Pat
 
PatMurphy said:
My father has a piece of land that a neighbour has used for about 30 years as a short cut to his house. There have been numerous arguements about this piece of land which is about 20' X 35' and small court case about discrupting the peace etc. The home owner has now filed a claim to take ownership of the land. (Before I forget: In previous court cases he has admitted the property is not his and he is not willing to buy it) My fathers lawyer has said it could take $15, 000 in court fees and if they win he may even have to pay their expenses too. How can this be? Is it possible for my father to sell the property (sqaure of land to someone else) and therefore it would be a new owner etc.

Any help would be greatly appreciated.

Thank you, Pat
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i have never heard of a civil case where the winner had the pay the looser (expect some cases against the goverment)

is the guy next door willing to spent his €15k on the case ?
 
Hi Pat - Is the land in Ireland? I noticed some US terminology in your post ($, lawyer) etc.
 
RainyDay said:
Hi Pat - Is the land in Ireland? I noticed some US terminology in your post ($, lawyer) etc.
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Not to mention feet rather than metres! ;)

Is "lawyer" a US term? I've used and have heard it used often enough here in Ireland.
 
Hi Pat,
Assuming the land is in Ireland, if you have used your real name as your AAM username, it is possible that you might conceivably prejudice your case should your neighbour read AAM.

If you want any of the admins or mods to delete this thread just ask.
 
I dont think I said it that way please re-read. If they win he will have to pay the expenses (he = my father)



jhegarty said:
i have never heard of a civil case where the winner had the pay the looser (expect some cases against the goverment)

is the guy next door willing to spent his €15k on the case ?
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Even if this was my real name for which it ain't, I fail to see where this would prejudice a case that I am not involved in..



ubiquitous said:
Hi Pat,
Assuming the land is in Ireland, if you have used your real name as your AAM username, it is possible that you might conceivably prejudice your case should your neighbour read AAM.

If you want any of the admins or mods to delete this thread just ask.
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Yes in Ireland.



RainyDay said:
Hi Pat - Is the land in Ireland? I noticed some US terminology in your post ($, lawyer) etc.
Click to expand...
 
I thought this site was for advise, not for mere chit-chat.



ClubMan said:
Not to mention feet rather than metres! ;)

Is "lawyer" a US term? I've used and have heard it used often enough here in Ireland.
Click to expand...
 
PatMurphy - your attitude towards constructive feedback from ubiquituous and relatively harmless banter from other contributors is hardly going to endear you to others and help you to solicit assistance from people in my personal (non moderator) opinion. :rolleyes:
 
My father has a piece of land that a neighbour has used for about 30 years as a short cut to his house. There have been numerous arguements about this piece of land which is about 20' X 35' and small court case about discrupting the peace etc.
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Was the previous court case in the District Court- i.e. a criminal matter, or in the Circuit Court in relation to the land?

. The home owner has now filed a claim to take ownership of the land.
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Where? In the land registry or in the Circuit court?

My fathers lawyer has said it could take $15, 000 in court fees and if they win he may even have to pay their expenses too. How can this be?
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I assume you mean €, not $. This sounds about right for his own fees in a Circuit court action- it would be considerably more if it were High Court- all cases involving land must go to the Circuit Court or High Court depending on the rateable valuation of the land. Any equity action ( case involving land) will undoubtedly take at least a year to get to court, probably a number of court appearances- minor ones before the actual trial- an actual trial for at least a number of hours, if not days, many witnesses, including engineers, a junior counsel and solicitors fees. Indeed the trend recently in equity actions is that even where there is a 'winner' ( and there rarely is such a thing in this type of case), they may be directed to pay their own fees. Where the case is considered frivolous or vexatious, they may be directed to pay both parties fees. Or the 'loser' may have to pay both parties fees.


Is it possible for my father to sell the property (sqaure of land to someone else) and therefore it would be a new owner etc.
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Who would want it? He would have to notify the new owner of any such difficulties.

Finally, I'd have to agree with ClubMans last comment.
 
Blow, blow, thou winter wind
Thou art not so unkind,
As man's ingratitude.
William Shakespeare (1564 - 1616)
 
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