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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have had possession of and now live in my sisters house.

Customer Question

I have had possession of and now live in my sisters house. She has been in a mental institution for thirty four years and I've paid all bills etc and live in the property for maybe six years. Can I claim ownership. I am in Ireland.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

The short answer is no.

Alex Watts :

You must have been in the property for 12 years even before you can consider making a claim for what is adverse possession.

Alex Watts :

Even then, if the true owner was under a disability, their title is not extinguished on the expiration of the normal 12-year period but continues until six years from the date of the cessation of the disability or death or 30 years, whichever is earlier

Alex Watts :

Therefore you either need to wait for the person to die, they stop being disabled or you have been there 30 years.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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