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Back payment of occupational rent.

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  • 02-03-2019 12:28pm
    #1
    FreeSpirit2
    Registered Users Posts: 6 ✭


    As my sibling and I share land and they have had the sole use of it for a very lengthy period of time as I have been living abroad. Can anyone enlighten me as to how far back I can get occupational rent from them as they have been freely using what I own too?


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    #2
    Dav010
    Registered Users Posts: 14,266 ✭✭✭✭Dav010


    FreeSpirit2 wrote: »
    As my sibling and I share land and they have had the sole use of it for a very lengthy period of time as I have been living abroad. Can anyone enlighten me as to how far back I can get occupational rent from them as they have been freely using what I own too?

    If you are joint owners, wouldn’t all owners be entitled to use it? Isn’t occupational rent something which is paid if you are forced out of a house/land or rent you pay when you occupy a property you are buying before sale/transfer goes through?


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    #3
    Vologda69
    Registered Users Posts: 924 ✭✭✭Vologda69


    FreeSpirit2 wrote: »
    As my sibling and I share land and they have had the sole use of it for a very lengthy period of time as I have been living abroad. Can anyone enlighten me as to how far back I can get occupational rent from them as they have been freely using what I own too?

    Such claims are usually successful only where one party was forced from the property eg divorce etc. I expect their response would be 'see you in court'. You made a choice to work abroad. Is it worth destroying the relationship with a sibling over money? If my brother or sister tried that on, I would never speak to them again.


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    #4
    FreeSpirit2
    Registered Users Posts: 6 ✭FreeSpirit2


    Dav010 wrote: »
    If you are joint owners, wouldn’t all owners be entitled to use it? Isn’t occupational rent something which is paid if you are forced out of a house/land or rent you pay when you occupy a property you are buying before sale/transfer goes through?

    I have difficulty in finding out about the term 'occupational rent'. I just know that within this land law in 2009, one can petition for financial adjustments if one party is using the property solely - I have been living abroad.


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    #5
    Dav010
    Registered Users Posts: 14,266 ✭✭✭✭Dav010


    FreeSpirit2 wrote: »
    I have difficulty in finding out about the term 'occupational rent'. I just know that within this land law in 2009, one can petition for financial adjustments if one party is using the property solely - I have been living abroad.

    Did you ever tell them they couldn’t use the land? What has living abroad go to do with this?

    You need to talk to a solicitor if you think you are owed money. Would there have been any costs associated with the maintenance of the property while you were away?


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    #6
    FreeSpirit2
    Registered Users Posts: 6 ✭FreeSpirit2


    Dav010 wrote: »
    Did you ever tell them they couldn’t use the land? What has living abroad go to do with this?

    You need to talk to a solicitor if you think you are owed money. Would there have been any costs associated with the maintenance of the property while you were away?

    Some people leave Ireland during great recessions because they can get. work elsewhere and make some kind of a living ,rather than stay in Ireland on the dole. You probably never had to do that. My sibling laughed at me when I told them I wanted to rent them my portion of the property as I knew they were using that anyway to make money for themselves as a secondary income.


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    #7
    FreeSpirit2
    Registered Users Posts: 6 ✭FreeSpirit2


    Vologda69 wrote: »
    Such claims are usually successful only where one party was forced from the property eg divorce etc. I expect their response would be 'see you in court'. You made a choice to work abroad. Is it worth destroying the relationship with a sibling over money? If my brother or sister tried that on, I would never speak to them again.

    And you would continue to freely use their land and not feel under any obligation to compensate them in any way for that?


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    #8
    crkcvnirl
    Registered Users Posts: 38 ✭crkcvnirl


    FreeSpirit2 wrote: »
    As my sibling and I share land and they have had the sole use of it for a very lengthy period of time as I have been living abroad. Can anyone enlighten me as to how far back I can get occupational rent from them as they have been freely using what I own too?

    If you're not intending to use land yourself,
    best thing you can probably do is have the land valued and ask them to buy your portion.

    Best of luck


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    #9
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    FreeSpirit2 wrote: »
    I have difficulty in finding out about the term 'occupational rent'. I just know that within this land law in 2009, one can petition for financial adjustments if one party is using the property solely - I have been living abroad.

    Where in the Act is this provision?


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    #10
    FreeSpirit2
    Registered Users Posts: 6 ✭FreeSpirit2


    4ensic15 wrote: »
    Where in the Act is this provision?

    Section 31 part lV.


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