Vacant possession

{{Short description|Property law concept}}

{{about|the legal term||Vacant Possession (disambiguation)}}

{{More footnotes|date=August 2021}}

Vacant possession is a property law concept. Vacant possession refers to the typical condition in which a seller must hand over a property to a buyer upon completion, or a tenant must return the property to a landlord at the end of a lease. In simple terms, it means that the rightful person, such as a buyer or a landlord, can peacefully and fully utilize the property. Essentially, vacant possession entails ensuring that the property is unoccupied, free from personal belongings, and not subject to any third-party claims.{{cite web |last1=FitzGerald |first1=Oliver |title=Vacant Possession – What Does It Mean? |url=https://www.mondaq.com/ireland/landlord-tenant-leases/581348/vacant-possession-what-does-it-mean |website=www.mondaq.com |access-date=5 September 2024 |date=13 March 2023}}

Giving 'vacant possession' refers to a legal obligation to ensure that a property is in a state fit to be occupied at a given point in time. Vacant possession is most commonly known of on the sale and purchase of residential property and many find that, on the purchase of a new home, they do not obtain vacant possession as desired. The concept is also an essential element in the grant and termination of leases and other tenancy agreements. It is a topical issue for lawyers and surveyors along with estate agents and others connected to land and buildings.

Notes

  • Shaw, Keith (Dr.) Vacant Possession: Law and Practice. Elsevier, Oxford, 2010

References

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Further reading

  • {{cite book |last1=Shaw |first1=Keith |title=Vacant Possession: Law and Practice |date=2010 |publisher=Estates Gazette |location=UK |isbn=978-0080966809}}

Category:Legal terminology

Category:Property law

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