Written answers
Thursday, 15 May 2014
Department of Justice and Equality
Land Ownership
Brendan Griffin (Kerry South, Fine Gael)
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195. To ask the Minister for Justice and Equality if a lessee is permitted to claim vacancy or squatters' rights on lands in which they have been a tenant for a period of more than ten years; if a verbal rental agreement is binding; and if she will make a statement on the matter. [21965/14]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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While I am not in a position as Minister to interpret the law or to provide advice on a particular case in response to a Parliamentary Question, the following is the general position in relation to adverse possession of land. Adverse possession of land, sometimes referred to as squatters' rights, arises where, following occupation of the land, the limitation period set out in the Statute of Limitations 1957, usually a period of 12 years, expires, thereby rendering it impossible for the title holder to commence proceedings for recovery of the land. Such a right would not, however, normally arise where the occupier has been given permission to occupy the land by the title holder. This is a very complex area of law and the question of whether the right to adverse possession of land applies in any specific case will depend on the facts and circumstances surrounding it.
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