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Squatting and Trespassing

  • 26-03-2010 12:05am
    #1
    duckygalway
    Closed Accounts Posts: 173 ✭✭


    What's the difference? I believe it's something to do with being able to get into a place without using force? If that's the case, could someone just go into a building because a door is left open and not be charged with trespassing? I'm sure it can't be that simple -how do you distinguish between the two?


Comments

  • #2
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    duckygalway wrote: »
    What's the difference? I believe it's something to do with being able to get into a place without using force? If that's the case, could someone just go into a building because a door is left open and not be charged with trespassing? I'm sure it can't be that simple -how do you distinguish between the two?


    Squatting is a layman's term for adverse possession. This is where a person is in possession of land and this possession is adverse to the true owner. This inevitably means that the squatter is a trespasser. If no action is taken by the true owner within 12 years, the squatter gets "squatters rights" which essentially means that he is the person with the best title to the land, i.e. closest thing to ownership. There are further requirements for a person to assert squatters rights including the fact that they need to freely and openly assert title to the property. For example, the squater can't live in a particular house but then hide for an hour when somebody comes by the house so as to hide the fact that they are in possession of that property.

    However, if the owner asserts his title at any point, the time renews. For example, there's a case which held that the true owner peeking over the hedge into his field was enough for him to assert ownership of the field, where the neighbouring farmer had added that field to his farm. Therefore, the owner need only carry out minimal acts in order to assert his title to the land and prevent the squatter from asserting title.


  • #3
    heffomike54
    Registered Users, Registered Users 2 Posts: 433 ✭✭heffomike54


    blueythebear wrote: »
    Squatting is a layman's term for adverse possession. This is where a person is in possession of land and this possession is adverse to the true owner. This inevitably means that the squatter is a trespasser. If no action is taken by the true owner within 12 years, the squatter gets "squatters rights" which essentially means that he is the person with the best title to the land, i.e. closest thing to ownership. There are further requirements for a person to assert squatters rights including the fact that they need to freely and openly assert title to the property. For example, the squater can't live in a particular house but then hide for an hour when somebody comes by the house so as to hide the fact that they are in possession of that property.

    However, if the owner asserts his title at any point, the time renews. For example, there's a case which held that the true owner peeking over the hedge into his field was enough for him to assert ownership of the field, where the neighbouring farmer had added that field to his farm. Therefore, the owner need only carry out minimal acts in order to assert his title to the land and prevent the squatter from asserting title.
    Great answer buddy top marks!


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