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Can a Licensee Acquire Squatters Rights

  • 09-06-2019 2:25pm
    #1
    Mortelaro
    Closed Accounts Posts: 4,431 ✭✭✭


    can a licensee have squatters rights after say 12 years (which I think is the normal timeframe for that)under current legislation?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Mortelaro wrote: »
    For the record,I had a question mark at the end of my comments

    Can someone answer this related question, can a licensee have squatters rights after say 12 years (which I think is the normal timeframe for that)under current legislation?

    Are you serious?

    For squatters rights/adverse possession the land/property must be occupied continuously for over 12 years with the intention of excluding all others including the true owner. If the owner lives there, how could he/she be excluded?


  • #3
    Graham
    Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Mod Note

    Thread split


  • #4
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Mortelaro wrote: »
    can a licensee have squatters rights after say 12 years (which I think is the normal timeframe for that)under current legislation?
    No. To get squatters rights the person would have to live there rent free for 12 years.


  • #5
    dennyk
    Registered Users, Registered Users 2 Posts: 1,785 ✭✭✭dennyk


    the_syco wrote: »
    No. To get squatters rights the person would have to live there rent free for 12 years.

    Not just rent-free; adverse possession requires that they openly occupy the property in question exclusively and continuously for twelve years in violation of the owner's title. A licensee, even if they are not paying rent, is by definition given a license to occupy the premises by the owner and therefore their occupation of the property is not adverse possession (and if the owner or another guest of the owner is also occupying the property at the same time, then their occupation is not exclusive either).


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