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Ensuring that renters cannot claim squatting rights to field

  • 08-04-2018 1:16pm
    #1
    Registered Users Posts: 886 ✭✭✭


    Hi,
    We are currently renting land to a neighbor for a nominal fee for the last 15 or so years.
    Each 12 months for the previous 11 years we have signed a contract with them specifying that they can use the land for the next 11 months for this fee.
    Prior to this, we just have signed receipts to say that "Such and such has paid $$ for the use of this land for the year".

    We were wondering, does this protect us from the neighbor claiming squatters rights to the land? Is there anything that we should do to protect us further, or be wary of?


Comments

  • Registered Users, Registered Users 2 Posts: 4,812 ✭✭✭Addle


    They are there with permission.
    Squatters rights does not apply.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Dance naked around the field three times. It's completely unnecessary but will possibly make for some hilarious case law.

    Mod

    This is legal discussion. Your post is being archived. If and when you reach eminence in the profession it may supplements the mods' pension fund


  • Registered Users, Registered Users 2 Posts: 716 ✭✭✭Reesy


    I am not a lawyer, but as I understand it, adverse possession can only be claimed by a person who has been using the property without permission, without payment & without stealth. All these 3 conditions are met so you're perfectly safe, I think.

    However, he might get tenancy rights which would mean you can't chuck him off if you want to e.g. sell the land or use it yourself. Talk to a lawyer.


  • Registered Users, Registered Users 2 Posts: 25,476 ✭✭✭✭coylemj


    Each 12 months for the previous 11 years we have signed a contract with them specifying that they can use the land for the next 11 months for this fee.

    Does anyone use the land for the 12th month of that year? Get a couple of local lads to pitch a tent and sleep one night during that month, you can claim you're operating it as a campsite one month a year which means they will never be able to claim continuous usage.


  • Registered Users, Registered Users 2 Posts: 78,457 ✭✭✭✭Victor


    I think the important bit is that they are vacated for the 12th month - otherwise they may gain rights to a long(er) lease, but not squatters rights.


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