An Act to abolish the doctrine of adverse possession and to provide for the protection of property rights in Ireland.
Preamble:
WHEREAS the right to own property is a fundamental right that should be protected;
AND WHEREAS the current doctrine of adverse possession undermines the security and certainty of property ownership;
AND WHEREAS it is necessary to modernize property law to reflect contemporary values and conditions;
NOW THEREFORE, be it enacted by the Oireachtas as follows:
Section 1: Short Title and Commencement
1.1 This Act may be cited as the Property Rights Protection Act 2024. 1.2 This Act shall come into operation on the date of its passing.
Section 2: Definitions
2.1 In this Act, unless the context otherwise requires:
- “Adverse possession” means the occupation of land by a person without the legal title or consent of the owner, where such occupation is continuous and exclusive for a specified period, leading to the potential acquisition of legal title to the land.
- “Land” includes buildings and structures, land covered with water, and any estate, interest, easement, servitude, or right in or over land.
Section 3: Abolition of Adverse Possession
3.1 The doctrine of adverse possession is hereby abolished. 3.2 No person shall acquire any right or title to any land or interest in land by reason of adverse possession, regardless of the period of occupation or possession.
Section 4: Protection of Existing Property Rights
4.1 Any claim to land or interest in land based on adverse possession that has not been finally adjudicated by a court before the commencement of this Act shall be deemed null and void. 4.2 All ongoing proceedings or claims relating to adverse possession shall be terminated upon the commencement of this Act.
Section 5: Transitional Provisions
5.1 Any person who, before the commencement of this Act, believed they had acquired title to land by adverse possession may apply to the High Court for relief or compensation within 12 months from the date of commencement of this Act. 5.2 The High Court shall have the discretion to grant such relief or compensation as it deems just and equitable in the circumstances, taking into account the applicant’s conduct, investment in the property, and any other relevant factors.
Section 6: Enforcement and Penalties
6.1 Any person who unlawfully occupies another’s land shall be subject to the penalties prescribed under the Criminal Justice (Public Order) Act 1994 and any other applicable laws. 6.2 The owner of the land shall have the right to seek immediate eviction of any unlawful occupier through the courts, and the court shall expedite such proceedings.
Section 7: Public Awareness and Support
7.1 The Minister for Housing, Local Government and Heritage shall establish a public awareness campaign to inform property owners and the general public about the abolition of adverse possession and their rights under this Act. 7.2 The Minister shall also provide support and resources to assist property owners in protecting and managing their property rights.
Section 8: Amendment of Existing Laws
8.1 Any provisions in existing legislation that are inconsistent with this Act are hereby repealed or amended to conform with the provisions of this Act.
Section 9: Review and Reporting
9.1 The Minister for Housing, Local Government and Heritage shall review the operation of this Act and its impact on property rights and land management within three years of its commencement. 9.2 A report of the findings from the review shall be laid before the Oireachtas and made available to the public.
Section 10: Miscellaneous
10.1 This Act shall be construed in a manner that best secures its objectives of protecting property rights and ensuring fairness and justice in land ownership. 10.2 If any provision of this Act is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect.
Schedule 1: Repealed and Amended Legislation
[List of specific provisions and sections in existing laws that are repealed or amended by this Act.]
Schedule 2: Form for Application to High Court for Relief or Compensation
[Form template for individuals seeking relief or compensation under Section 5 of this Act.]
Enacted by the Oireachtas:
Date: [Insert Date]
This draft legislation aims to abolish adverse possession in Ireland, protect existing property rights, provide transitional provisions for those affected by the change, and ensure public awareness and support for the new legal framework.
