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Can a licencee claim a property ownership

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  • 14-03-2016 4:59pm
    #1
    pasquale83
    Registered Users 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!


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    #2
    Speedwell
    Registered Users 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).


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


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


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    #4
    Speedwell
    Registered Users 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/


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    #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.


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    #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.


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    #7
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 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.
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