in Civil Law Property Law
Asked June 15, 2017

Tenant claiming right of ownership on rented property

  • 1 Answer

Can tenant claim the right of ownership on the rent out property? Is it so if I made an agreement with the same tenant for 4 continuous years (11 Months), then the tenant can claim ownership on the rented property?

Answer 1

In this scenario the tenant cannot claim ownership under any circumstance. In case of a rental agreement the title or ownership of the property is not transferred and it remains with the transferor i.e., with you in the present case. Right to possession and enjoyment of certain benefits (depending upon the terms of the agreement) are transferred to the tenant for the tenancy period alone.

The only option whereby a tenant may claim ownership is via adverse possession, for which the basic requirement is continuance of possession by the tenant, after termination of the rental agreement, for a period of twelve years without any claim of ownership by the real owner of the property.

Hence, you do not need to worry as the tenant does not have any legal ground for such claim of ownership.

Agree Comment 0 Agrees over 4 years ago

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