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Squatting


cogol

Well-known member
Joined
Apr 1, 2010
Messages
314
There's corpo house down the road from me, with the windows and doors borded up with those steel plates. It's been like that for the past 3 years. A friend of mine is thinking about 'breaking in', taking down the boards and moving in. He said he'll put all his own money in to getting it fixed up and said he'd happily pay 100 euro a week to Dublin City Council. But I'm not sure what the consequences would be, but he reckons he has 'squatters rights' on his side.
Can anyone shed some light on this?
(ps, its not me, before you ask)
 


Skrynesaver

Active member
Joined
May 25, 2009
Messages
279
Squatters rights of the kind you mention exist in the UK but not here, for them illegal occupation of an empty premises is a tort and the owner has to go through a torturous procedure to evict you.

Here we have much more landlord friendly property law (How the ************************ did that happen?)
 

cogol

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Apr 1, 2010
Messages
314
But surely if he's willing to do the councils work for them, and save them a few bob, they'd let him stay considering he'll be willing to pay rent?
 

stripey cat

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Joined
Jan 14, 2009
Messages
2,800
What sometimes happens with squats is that someone else breaks in, and leaves the property insecure. A window might be broken or left open, or a door might be forced.

Then some civic minded people come along and move in, repairing the damage caused by these unknown people. They haven't broken in, since the damage was done already and they walked in to the open building.

There is a bit about squatting here (the first few posts) squats | libcom.org
 

Sync

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Joined
Aug 27, 2009
Messages
28,776
Then he should contact the council and ask them.
 

SevenStars

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Jul 17, 2009
Messages
4,232
The Free State has come down on anybody trying to establish a proper squat here like a ton of bricks...Even the semi-anarchist social center in Dublin rents which is surreal by mainland European standards.
 

truthforsooth

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Joined
Mar 13, 2009
Messages
418
In Holland, which I think has finally outlawed the time-honoured practice of squatting, there is something called the "anti-squat" movement, whereby someone moves into an empty property with the approval of the landlord, pays a minimal nominal rent, and enters into a copperfastened agreement to move out on demand. The occupant keeps the property secure, and gets a roof over their head. A win-win situation.
 

corelli

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Joined
Jun 13, 2007
Messages
4,478
There's corpo house down the road from me, with the windows and doors borded up with those steel plates. It's been like that for the past 3 years. A friend of mine is thinking about 'breaking in', taking down the boards and moving in. He said he'll put all his own money in to getting it fixed up and said he'd happily pay 100 euro a week to Dublin City Council. But I'm not sure what the consequences would be, but he reckons he has 'squatters rights' on his side.
Can anyone shed some light on this?
(ps, its not me, before you ask)
Tell him to fire away if he want's to be arrested. That property is still owned by someone, namely the local authority, so various criminal charges might ensue, including criminal damage, in removing hoarding, to get in, trespass etc etc.

Adverse possession (mistakenly called squatters rights) only arise after 12 years occupation and only then if he came to no-ones attention and/or it was undisputed occupation.

Just so he/she knows, if the Gardai are called they are perfectly entitled to enter the premises and pull him out by his lugs.
 

Libero

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Joined
May 22, 2004
Messages
3,000
corelli said:
Just so he/she knows, if the Gardai are called they are perfectly entitled to enter the premises and pull him out by his lugs.
Really? What if the squatter is the first to contact the Gardai and tells them he is in dispute with the local authority, is seeking resolution of conflicting legal claims, and he will continue to reside at the address until the matter is lawfully determined by a civil court?

Gardai in this country have an awful habit of looking upon even the most brazen divilment as "a civil matter".
 

Gemlarkin

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Joined
Oct 2, 2010
Messages
239
Civil proceedings are required to remove an occupier

Civil proceedings are required to remove an occupier, from once they have secured new locks on the property.

You would need to occupy property for 30 years fro the Public owners rigth to bring proceedings to recover the property to become statute barred.

A 12 year period applies in respect of privately owned property
 

rubensni

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Apr 27, 2009
Messages
737
Thirty years is a hell of a long time. Has anyone ever successfully managed to prove adverse possession from a local authority?
 

evercloserunion

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Joined
Dec 10, 2006
Messages
819
Tell him to fire away if he want's to be arrested. That property is still owned by someone, namely the local authority, so various criminal charges might ensue, including criminal damage, in removing hoarding, to get in, trespass etc etc.

Adverse possession (mistakenly called squatters rights) only arise after 12 years occupation and only then if he came to no-ones attention and/or it was undisputed occupation.

Just so he/she knows, if the Gardai are called they are perfectly entitled to enter the premises and pull him out by his lugs.
It's council owned land, so 30 years is the required time period surely.
 

Pauli

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Joined
Sep 22, 2006
Messages
1,181
Before getting squatters rights, would 12 years undisputed occupation not be required first ?

I'd say it wouldn’t be long before some local corpo employee notices, or morel likely some neighbour reports it.

He could waste a lot of time, effort and money.
The 12 year undisputed occupation is necessary for a claim of adverse possession.
 

corelli

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Joined
Jun 13, 2007
Messages
4,478
Really? What if the squatter is the first to contact the Gardai and tells them he is in dispute with the local authority, is seeking resolution of conflicting legal claims, and he will continue to reside at the address until the matter is lawfully determined by a civil court?

Gardai in this country have an awful habit of looking upon even the most brazen divilment as "a civil matter".
As a matter of law, if he is found on the premises and the Gardai called, they can, and probably would, remove him, quite legally. He would have absolutely no claim what so ever over the property. He would be breaking and entering and committing criminal damage.

He can squeal all he wants about having a dispute, but in the absence of he/she being there 12 years, he/she actually has no dispute.

Is nobody familiar with Gardai removing wino's etc from abandoned buildings? Happens every day.
 

Pauli

Well-known member
Joined
Sep 22, 2006
Messages
1,181
............ no such thing as Squatters rights.
Certainly not in a state where property rights are sanctified and worshipped. Article 43 (or the 11th Commandment, if you wish) enshrines this idolatrous behaviour in the Constitution.
 

Cato

Moderator
Joined
Aug 21, 2005
Messages
20,559
What is the case for 'squatter's rights'?
 

pujols

Active member
Joined
Jun 7, 2010
Messages
275
Squatting has become romanticised a bit in folk memory.

A mate of mine was in a squat in London in the early 80s and at some point, they failed to secure the property properly one morning and a young kid wandered in, exploring, and managed to injure himself quite badly by falling through a damaged staircase railing.

Never heard what became of him as my mate and others simply legged it.

Not quite the communitarian ethic.
 

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