This presentation discusses legal issues related to vacant properties, including adverse possession, occupiers' liability, insurance risks, commercial rates, tenancy rights, and the Criminal Law (Defence and the Dwelling) Act of 2011. The presentation covers topics such as what constitutes adverse possession, the duties of occupiers, factors considered in determining liability, how to protect oneself as an occupier, issues around commercial rates and refunds, whether schemes to occupy vacant properties create tenancy rights, and definitions in the Criminal Law Act.

1. VACANT PROPERTY
PRESENTATION BY
JOSEPH O’MALLEY
Partner
26 January 2012
driven by knowledge and experience
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2. AREAS OF DISCUSSION
1. Adverse Possession
2. Occupiers Liability
3. Insurance Risk and on-going compliance with Health and Safety/Fire
Safety Standards
4. Commercial Rates
5. Creation of Tenancy Rights?
6. Criminal Law (Defence and the Dwelling) Act 2011
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3. ADVERSE POSSESSION
• Background
• What is Adverse Possession?
• How can you make a claim for Adverse Possession?
• Section 13(2) Statute of Limitations 1957
• Wallis Cayton v Shell Max and BP Limited (1974)
• Section 126 Succession Act 1965
• Section 13(1) Statute of Limitations 1957
• Dunne v Iarnroid Eireann and CIR
• Exceptions
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4. OCCUPIERS LIABILITY
• Occupiers Liability Act 1995
• Who will be considered the occupier of the property?
• Three Classes of Entrants
• Visitors
• Recreational Users and
• Trespassers
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5. OCCUPIERS LIABILITY
The factors that will be considered by a Court in determining whether an occupier
has discharged their duties to visitors or recreational users or trespassers are, as
follows;-
a) Whether the occupier knew or had reasonable grounds for believing that a
danger existed on the premises
b) Whether the occupier knew or had reasonable grounds for believing that
the person or person’s property was or was likely to be on the premises.
c) Whether the occupier knew or had reasonable grounds for believing that
the person’s property was or was likely to be in the vicinity of the place
where the danger existed.
d) Whether the occupier might reasonably be expected to protect the
person’s property from the danger.
Continued…..
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6. OCCUPIERS LIABILITY
e) The burden on the occupier of eliminating or protecting the person
from the danger
f) The desirability of maintaining the open access of premises for
recreational activity.
g) The nature of any warning given by any person.
h) The care which a person ought to have for his own safety.
i) The extent of supervision and control which an accompanying person
may be expected to have over the person.
j) All the circumstances of the case.
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7. OCCUPIERS LIABILITY
• How can the Occupier protect itself?
• Express agreement or notice,
• Duty not to intentionally injury or act in reckless disregard
• EXAMPLE NOTICE
“Pursuant to the provisions of the Occupiers’ Liability Act 1995, the occupier
of these premises puts all visitors to his premises on notice that his sole
duties to them are:-
a) Not to injure the visitor or damage the property of the visitor
intentionally, and
b) Not to act with reckless disregard for the visitor or the property of
the visitor.”
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8. INSURANCE RISKS
• Buildings
• Public and Employer’s Liability Risk
• Automatic Termination
• Notifiable Matter
• Insurance Premiums
• Dilapidations
• Loan Terms or Mortgage
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9. COMMERCIAL RATES
LEGAL SOURCES
•Section 61 Poor Relief (Ireland) Act 1838
•Sections 14 and 23 Local Government Act 1946
•Section 71 Local Government (Dublin) Act 1930
•Schedule 4 Valuation Act 2001
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10. COMMERCIAL RATES
• Who is liable for the rates on vacant property?
• Entitlement to a refund
• How to qualify for a rates refund on a vacant property
• The impact of occupation by a Camelot Guardian on payment of
commercial rates
• Domestic Property
• Mixed Premises
• Is the owner still entitled to a rates refund on the vacant property
which is occupied by a Camelot Guardian?
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11. DOES THE SCHEME CREATE TENANCY RIGHTS
• Landlord and Tenant Acts
• Residential Tenancies Act 2004
• Statutes do not apply to Licensees
• Irish Shell and BP Limited v John Costello Limited [1981]
• Smith v Irish Rail [2002]
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12. CRIMINAL LAW (DEFENCE AND THE DWELLING)
ACT 2011
• Dwelling
(a)A building or structure (whether temporary or not) which is
constructed or adapted for use as a dwelling and is being so used,
(b)A vehicle or vessel (whether mobile or not) which is constructed
or adapted for use as a dwelling and is being so used,
(c)Part of a dwelling
• Justifiable Use of Force
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