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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2235
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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We (my family) have recently bought a farm and house from

Customer Question

Hi, we (my family) have recently bought a farm and house from a woman, said woman was the owner after receiving the property from her father in his will, he will however stated that the son and wife of the deceased have "a right of residence" on the home.
This week we have moved onto the farm to start work on reclaiming the land (it has gone somewhat haggard as hasn't been maintained correctly) and the son who has right of residence on the home has twice threatened us and Gardaí with pitchforks and more worryingly (and made direct threats to stab us with) a slash hook, is there something in the law that would work in our favour to have the right of residence recinded should our lives be threatened or is it indeed a bulletproof law? Also will the right of residence pass down with his kids and potential partner should he ever marry (he is currently single) ? In a perfect world I wouldn't have to ask this but due to threats made to family members and friends of family I have no other option but to research and if need be work to evict this man, thanks in advance
Steve
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. At the outset, a right of residence is not rescinded or removed merely because threats have been made to the person who owns the freehold. A right of residence endures for the life of the person to whom it is granted. So if this person marries, it will not endure beyond his own life even if he has a wife or children. I would also advise you to read the terms of the right of residence. It will be lodged with the Land Registry when it was registered against the Land folio with the Property Registration Authority, so you should carry out a search here to begin with. Be aware that you can sue and take out an injunction for harassment for the threats made as well as reporting him to the Gardai for making them as they are an offence under the Criminal law (Non Fatal Offence) Act, 1997.