claim on a property

alwald

I've been living in a house for a number of years (almost 10 years) without paying rent or having a contract, i was under the impression that there was a law that will give me some rights on the house to own a percentage of it, is this correct?

ohnonotgmail

are you staying there with the permission of the owner?

alwald

ohnonotgmail wrote:

are you staying there with the permission of the owner?

Yes and the owner is living there too.

freelancerTax

sorry if im missing something but is this really what you are asking -

someone has been kind enough to let you live in their home rent free for 10 years and you want to try to repay them by attempting to claim all of or part of their property as your own??

Pat Mustard

Mod note:

Re forum charter, this discussion should continue in general terms only, with reference to law and legal procedure, for example.

No legal advice to be sought or given.

iSeano90

You have some conflicting statements here:
http://www.boards.ie/vbulletin/showthread.php?p=99925240

alwald

freelancerTax wrote:

someone has been kind enough to let you live in their home rent free for 10 years and you want to try to repay them by attempting to claim all of or part of their property as your own??

How do you know that they will mind? I am merely asking whether this law exists or no.

ohnonotgmail

alwald wrote: »

How do you know that they will mind? I am merely asking whether this law exists or no.

it doesnt.

wonski

alwald wrote: »

How do you know that they will mind? I am merely asking whether this law exists or no.

If this existed, every 18 years old would have a right to a piece of their parent's home

freelancerTax

alwald wrote: »

How do you know that they will mind? I am merely asking whether this law exists or no.

I dont know that they wouldn't mind, but surely if they did not mind you could simply ask them for part of the property.

in any case if you think you have such rights you should seek the advice of a solicitor.

frankythefish

gawd it amazes me the depths some 'people' will stoop to

NUTLEY BOY

alwald wrote: »

I've been living in a house for a number of years (almost 10 years) without paying rent or having a contract, i was under the impression that there was a law that will give me some rights on the house to own a percentage of it, is this correct?

I wonder if you are thinking of squatter's rights - more correctly known as adverse possession.

I would have expected that the concept of adverse possession would relate to circumstances where a person occupies and effectively controls the property in total without objection or protest from the legal or equitable owners.

The relevant time period of adverse possession to qualify for the right to seek a title is around 20 years AFAIK.

I don't know if you could acquire squatter's rights as an effective tenant or that you could convert yourself in to a sitting tenant with long term rights created by virtue of long occupation - I doubt it.

OldNotWIse

NUTLEY BOY wrote: »

I wonder if you are thinking of squatter's rights - more correctly known as adverse possession.

I would have expected that the concept of adverse possession would relate to circumstances where a person occupies and effectively controls the property in total without objection or protest from the legal or equitable owners.

The relevant time period of adverse possession to qualify for the right to seek a title is around 20 years AFAIK.

I don't know if you could acquire squatter's rights as an effective tenant or that you could convert yourself in to a sitting tenant with long term rights created by virtue of long occupation - I doubt it.

I think its 12 years

ohnonotgmail

OldNotWIse wrote: »

I think its 12 years

except adverse possession doesnt apply as they were living there with the permission of the owner.

OldNotWIse

ohnonotgmail wrote: »

except adverse possession doesnt apply as they were living there with the permission of the owner.

There is no "exception" - the relevant time period for adverse possession is 12 years not 20, hence my post.

I know it doesn't apply here - but that doesn't mean the time period is not 12 years.

ohnonotgmail

OldNotWIse wrote: »

There is no "exception" - the relevant time period for adverse possession is 12 years not 20, hence my post.

I know it doesn't apply here - but that doesn't mean the time period is not 12 years.

apologies, i quoted the wrong post. i meant to quote the post you replied to. it is 12 years as you say.

selous

Or if you have been "sharing the same bedroom", I think there's a 5 or 7 year rule there. (or was it brought in here)

pc7

If you have been partners you would have certain rights as selous says, might be info here, but not sure what category you fall under based on post http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/property_rights_and_unmarried_couples.html.

Or if you have just been staying as a guest I would think that's less clear and a case of no good deed goes unpunished!

Pro Hoc Vice

OldNotWIse wrote: »

I think its 12 years

Yes and of land is owned by the state it's 30 years.

Jimmy Garlic

Wow. There really are some extremely lowlife people out there.

Mrs OBumble

selous wrote: »

Or if you have been "sharing the same bedroom", I think there's a 5 or 7 year rule there. (or was it brought in here)

There is. Five years. Less if you have kids together. But your relationship does have to break up.

Pro Hoc Vice

Mrs OBumble wrote: »

There is. Five years. Less if you have kids together. But your relationship does have to break up.

Is this a claim to adverse possession or what?

Pat Mustard

frankythefish wrote: »

gawd it amazes me the depths some 'people' will stoop to

Jimmy Garlic wrote: »

Wow. There really are some extremely lowlife people out there.

Mod:

This is the Legal Discussion forum. Nobody cares about your high-horse moral value judgements here. Back on topic, please.

Mr. Incognito

No.

There's no valid claim

For squatters title you have to have animus possendi which is an intention to displace the true owner which is not met.

alwald

Mrs OBumble wrote:

There is. Five years. Less if you have kids together. But your relationship does have to break up.

Would have any link to read on that please, thanks.

alwald

selous wrote:

Or if you have been "sharing the same bedroom", I think there's a 5 or 7 year rule there. (or was it brought in here)

Where can I find more information about the above please, thanks.

Were you part of a co habiting couple OP?

Or just house mates sharing the house?
It makes a difference

Labarbapostiza

wonski wrote: »

If this existed, every 18 years old would have a right to a piece of their parent's home

In Germany, every 18 year old does have a right to their parent's home. It Ireland we have a different culture. Where daddy can help out the family favourites, and kick the ones he doesn't like out onto the street. Usually after years of abuse.

A child who has been cut out of a will, can challenge it, under the Succession act 1965.

A "qualified" cohabitee can also make a claim on property.

https://probate.ie/overview.html

alwald

bubblypop wrote: »

Were you part of a co habiting couple OP?

Or just house mates sharing the house?
It makes a difference

Co habiting couple with kids, long story short, one of us owns a house meanwhile the other was paying all the other bills which evens the expenses.
Can I just be kicked out the house or do I have rights to claim something to stay there based on the length of time I spent there and my overall contribution.

Mrs OBumble

alwald wrote: »

Where can I find more information about the above please, thanks.

This is a good start: http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html


You will most likely need a lawyer sooner rather than later.

emeldc

alwald wrote: »

Co habiting couple with kids, long story short, one of us owns a house meanwhile the other was paying all the other bills which evens the expenses.
Can I just be kicked out the house or do I have rights to claim something to stay there based on the length of time I spent there and my overall contribution.

This thread reads like '20 questions'. Can you be a bit more vague.

Pro Hoc Vice

alwald wrote: »

Co habiting couple with kids, long story short, one of us owns a house meanwhile the other was paying all the other bills which evens the expenses.
Can I just be kicked out the house or do I have rights to claim something to stay there based on the length of time I spent there and my overall contribution.

That has nothing to do with adverse possession. It is a family law issue. In law once you residing together in a relationship you can make many of the applications of a married person.

alwald

Thanks all for your answers.
@ Mods: I kindly ask you to close this thread, thanks.

macnug

alwald wrote:

Co habiting couple with kids, long story short, one of us owns a house meanwhile the other was paying all the other bills which evens the expenses. Can I just be kicked out the house or do I have rights to claim something to stay there based on the length of time I spent there and my overall contribution.

That's more of a family law situation op. I have a friend who was in a similar situation, his name was on mortgage but the mother of the kids they had got to keep the house as long as she paid the mortgage from then on as far as I remember.

alwald

macnug wrote: »

That's more of a family law situation op. I have a friend who was in a similar situation, his name was on mortgage but the mother of the kids they had got to keep the house as long as she paid the mortgage from then on as far as I remember.

yeah you are right. it's a family law issue, I was inquiring about different rights, I read a lot about it on internet prior to opening this thread.
For my situation there is no need to start a legal case or waste money on a solicitor as it's pointless.

Pro Hoc Vice

alwald wrote: »

yeah you are right. it's a family law issue, I was inquiring about different rights, I read a lot about it on internet prior to opening this thread.
For my situation there is no need to start a legal case or waste money on a solicitor as it's pointless.

You may be entitled to Legal Aid.

alwald

Pro Hoc Vice wrote: »

You may be entitled to Legal Aid.

FLAC?? I will check their criterias, thanks!!

Pro Hoc Vice

alwald wrote: »

FLAC?? I will check their criterias, thanks!!

No not FLAC which is a voluntary organisation but the Legal Aid Borad there will be a Family Law Centre near you it is a state paid lawyers who if a person qualifies will have solicitors and if necessary barrister paid by the state for representation in family law matters.

AnnaStezia

The Property Registration Authority have some interesting notes on the subject.

Link http://www.prai.ie/category/information/legalpractices/adverse-possession/

Pro Hoc Vice

AnnaStezia wrote: »

The Property Registration Authority have some interesting notes on the subject.

Link http://www.prai.ie/category/information/legalpractices/adverse-possession/

This thread it turns out is a family law issue not adverse possession.

NUTLEY BOY

OldNotWIse wrote: »

There is no "exception" - the relevant time period for adverse possession is 12 years not 20, hence my post.

I know it doesn't apply here - but that doesn't mean the time period is not 12 years.

Thanks for that - I was confusing this with acquiring a right by prescription !