Is Squatting illegal ?

[ergo2]

Agree strongly with markey's post

[RainyDay]

While canvassing for the last local elections, I came across 4-5 derelict houses that are causing huge problems for the neighbours, with vermin, overgrown gardens and some anti-social behaviour.

A 'steady' squatter who might take over the property and look after it would be a huge improvement from the POV of the neighbours. If the owners are prepared to leave the house derelict for years, it doesn't seem like a huge problem for someone to take it over.

[Twin Towers]

I believe it can be done if you find land that has no traceable owner.

[Supermanpolitician]

Was watching some guy on RTE this evening interviewing people who were going down the pawn shop. One of the older lads thought the 26 year old electrician chap was mad scrapping by paying rent on his one room bedsit. The discussion that followed went like this :

Squatting is not a criminal offense. The legal procedure to evict was very difficult. Word of mouth was how people found empty premises but now we have 430,000 unemployed, Facebook and Twitter. All those estates don't have security and when NAMA moves in there will be all kinds of issues over ownership.

The conclusion was - squatters paradise.

Tell me I'm wrong.

Yes you are wrong. To claim squatters rights you must occupy for 12 years and during that time the legal owner must not assert their rights to ownership of the lands. If after 11 years and 11 months the owner comes out and says get off my feckin land, then the clock restarts and you have to occupy for another 12 years without assertion from the owner.

[Abacus]

Just wondering now, if we will see a charge by the homeless to gain possession of those unoccupied premises dotted around our capital city ? Interesting times ahead, methinks.

[The Emperor of Absurdia]

@ Superman politician

Of course you are right when it comes to trying to obtain adverse possession. But I am not suggesting that. By the way I am excluding any developments where the owner is still on the scene. I'm wondering if squatting (no rent to pay) is likely to catch on or if it is a cultural no no.

There are 50-100K houses empty. Their owners are developers and by extension banks. The developers are bust, so too are the banks. The state may be bust but ownership of the defaulted loans will result in the property being vested in the state (sometime).

In the meantime no one is paying security to mind these housing units. They are untended, in remote locales and in distinct groups. Would you even know if squatters moved in ? What if these squatters were well mannered ?

Who will evict you and how will they do it ? The state can't evict you until they get ownership and even then they will take ages (read 2-3 years - all rent free). The bank might want you to stay in there and keep vandalism down. The developer has scarpered.

Seems a no brainer to someone on the dole living in a crappy bedsit. Why not live on the dole in a nice 3-4 bed house ?

The Housing Act seems to refer to land. The definition of land can be stretched to housing but legally the state has no locus standii. Is rent supplement that attractive ? Maybe. I was wondering what people thought. Reason : What impact would this have on NAMA and thereby poor little ole me.

[teapot]

Yes, the Housing (Miscellaneous Provisions) Act 2002 created the criminal offence of trespass. It was enacted to deal with largescale trespass by groups such as those from the travelling community but it would apply to someone trying to squat on property, public or private.

It is now an offence for anyone, without the consent of the owner, to enter or occupy land; or to bring any object onto it where such entry or occupation is likely to damage the land substantially; affect any amenity to do with the land; prevent anyone entitled to use the land from making reasonable use of it, or render the use of the land unsanitary or unsafe. Offences are punishable by fines of up to €3,000 and/or one month’s imprisonment.

*** Thanks for that, it should be on neon-lighted billboards in Donegal, they consider it a way of life...they usually fill it with cows or buildings with no Planning Permission (or should I be in the 'corruption' section?)

[b.a. baracus]

Yes, the Housing (Miscellaneous Provisions) Act 2002 created the criminal offence of trespass. It was enacted to deal with largescale trespass by groups such as those from the travelling community but it would apply to someone trying to squat on property, public or private.

It is now an offence for anyone, without the consent of the owner, to enter or occupy land; or to bring any object onto it where such entry or occupation is likely to damage the land substantially; affect any amenity to do with the land; prevent anyone entitled to use the land from making reasonable use of it, or render the use of the land unsanitary or unsafe. Offences are punishable by fines of up to €3,000 and/or one month’s imprisonment.

The legislation you quote is quite specific to the occupation of land. The "bring any object onto it" is clearly aimed at Travellers bringing caravans into fields or car parks etc. Does it also apply to occupying a house?

[Christel]

The legislation you quote is quite specific to the occupation of land. The "bring any object onto it" is clearly aimed at Travellers bringing caravans into fields or car parks etc. Does it also apply to occupying a house?

I'd also like to know this. Because the purpose of a house is that someone lives in it. So in a way squatting, in the absence of the more usual ways to fill a house with people occuring, does lead to a house fulfilling its purpose.

That's different to land that has other purposes that can be interfered with by trespassing.

Edited to add: Lets not forget that many of these houses were built against opposition, have spoilt the environment and landscape. The ultimate reason for permission was that they were believed to be needed. Not that they make money for developers.

[Oblivion]

Is Squatting illegal ?

I really don't know where people are getting these disgusting thread titles from.