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A Query About Adverse Possession

  • 13-05-2013 1:29pm
    #1
    kylith
    Registered Users, Registered Users 2 Posts: 17,737 ✭✭✭✭


    AKA Squatter's Rights.

    As far as I am aware, if a person has been living at an address for 12 years with no attempt to evict them and no rent has been paid, they have been using it as their primary residence, they can make a claim for adverse possession and gain ownership of the house. I am wondering if this is true in a situation where the Squatter and the Homeowner are related.

    For example; if I have been living in a house owned by my parents for 12 years, no rent paid, they don't have keys, and I treat the place like I own it, would it be possible for me to make a claim to have the deed passed to me?


Comments

  • #2
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    kylith wrote: »
    AKA Squatter's Rights.

    As far as I am aware, if a person has been living at an address for 12 years with no attempt to evict them and no rent has been paid, they have been using it as their primary residence, they can make a claim for adverse possession and gain ownership of the house. I am wondering if this is true in a situation where the Squatter and the Homeowner are related.

    For example; if I have been living in a house owned by my parents for 12 years, no rent paid, they don't have keys, and I treat the place like I own it, would it be possible for me to make a claim to have the deed passed to me?

    for AP to come about it must be as of right, without force, without permission and without secrecy. if for example your parents had given you permission to live in that house then there would be no adverse possession.

    After that its very complex and what amounts to AP and what doesn't is very difficult to predict.


  • #3
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Interesting article (2012) 30 I.L.T. 1

    Not really on point as it involves next of kin AP and intestacy but just in case the OP is a law student with homework to be doing. (Seems unlikely however this time of year)


  • #4
    kylith
    Registered Users, Registered Users 2 Posts: 17,737 ✭✭✭✭kylith


    Not a law student, unfortunately.

    Thanks for the advice. Valleyoftheunos, that's what I thought alright.


  • #5
    clashburke
    Registered Users, Registered Users 2 Posts: 172 ✭✭clashburke


    LowKeyReturn wrote: »
    Interesting article (2012) 30 I.L.T. 1

    Not really on point as it involves next of kin AP and intestacy but just in case the OP is a law student with homework to be doing. (Seems unlikely however this time of year)


    would have been a handy article last week :rolleyes:


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