Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Can a licencee claim a property ownership

  • 14-03-2016 3:59pm
    #1
    pasquale83
    Registered Users, Registered Users 2 Posts: 477 ✭✭


    Hello folks, a friend of mine told me that a licencee can claim property ownership after few years spent living in it.

    Is this true? If yes, for how long should he/she live in the property to claim ownership?

    Thanks!


Comments

  • #2
    Speedwell
    Registered Users, Registered Users 2 Posts: 3,809 ✭✭✭Speedwell


    It's called adverse possession. I understand the tenant or licensee has to be living in or using the property continuously for 12 years without any communication by the landlord (including accepting rent payments).


  • #3
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    A licencee can't claim adverse possesion, only a tresspasser.


  • #4
    Speedwell
    Registered Users, Registered Users 2 Posts: 3,809 ✭✭✭Speedwell


    MarkAnthony wrote: »
    A licencee can't claim adverse possesion, only a tresspasser.

    Tenants can, but a tenant must not have paid rent nor acknowledged the title of the landlord in 12 years. Some good info here (I have no affiliation with this firm): http://www.arw.ie/news/18/


  • #5
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Speedwell wrote: »
    Tenants can, but a tenant must not have paid rent nor acknowledged the title of the landlord in 12 years.

    That's overholding and I'm pretty sure that doesn't qualify either. Honestly I don't care enough to look it up, so I'll concede that point absent case law, but a licencee implies permission which precludes AP.


  • #6
    Tiddlypeeps
    Closed Accounts Posts: 2,103 ✭✭✭Tiddlypeeps


    It's possible to claim squatters rights on a property if you occupy it uncontested for 12 years without denying the owner access at any point. From what I've heard the nuances around this are extremely complex.

    I can't imagine a scenario where a tenant could ever claim this on a rented property. Doubly so for a licensee as the owner would be living on the property themselves.

    I'm not a lawyer and am not intimately familiar with these laws tho so it's certainly possible there is some weird loop hole that could result in a tenant taking over a property but I would be very surprised if it exists and if it does then it's almost certainly an extremely niche scenario in which it can take place.


  • Advertisement
  • #7
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    I think your friend is thinking of the principle of adverse possession.
    If so- they need to talk to a legal professional- as we are not allowed offer professional advice in this forum.


This discussion has been closed.
Advertisement