Adverse possession, unadministered estates and co-owners - England and Ireland compared

non-peer-reviewedOn the death of a landowner, members of his family may become entitled to the land as co-owners under his will or the rules governing intestacies. Many years may pass without anyone taking the steps necessary to administer the estate while one or only some of his successors enjoy possession of the land with or without the tacit approval of the others. The operation of the doctrine of adverse possession in this context gives rise to a number of doctrinal complications and Irish and English law on this issue has become polarised; while the occupying family member may rely on the doctrine of adverse possession in Ireland, in England and Wales he is precluded from doing so