March, 2022
Squatters are in my rental property for about 6 months now, what can I do to get my property back – do they have any rights?
Response:
We do not have squatter’s rights in Ireland, however there is what is called ‘Adverse Possession’, but this does not happen often.
Adverse possession, as it is known in legal terms, (otherwise known as “Squatter’s Rights”) allows a third party to claim a right over a property which is registered in the name of another person – on the basis that they have not paid rent, occupied the property continuously for over 12 years with the expressed intention of excluding all others, including the owner.
If someone is in possession of your property without permission, without right under a tenancy agreement or otherwise, without force and without secrecy, then you must do something within the 12-year period to show that you have not abandoned the property.
If the person in possession refuses to leave on request and is in possession for less than 12 years, then you should either instigate court proceedings without further delay or exercise some act of ownership over the property. We suggest legal advice in this regard.
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Categories: Landlord Query of the Week.
