Dunne -v- Irish Rail & anor [2016] IESC 47 (28 July 2016)

Dunne -v- Irish Rail & anor [2016] IESC 47 (28 July 2016)

The appellant failed to establish exclusive and adverse possession of the land for the requisite period; the respondents' acts of possession, though minimal, were sufficient to prevent time running for adverse possession. The trial judge applied the correct legal principles and made findings supported by the evidence.

Citation
[2016] IESC 47
Parties
Plaintiff/appellant: Dennis Dunne; Defendant/respondent: Iarnród Éireann/Irish Rail; Defendant/respondent: Córas Iompair Éireann
Jurisdiction
Ireland
Judgment Date
28 July 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Statute of Limitations, Title to Land, Burden of Proof, Land Law
Property Law Civil Procedure Adverse Possession Statute of Limitations Title to Land Burden of Proof Land Law

Case Brief

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Parties

Dennis Dunne

Plaintiff/appellant

Iarnród Éireann/Irish Rail

Defendant/respondent

Córas Iompair Éireann

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the appellant acquired title to land by adverse possession against the respondents under the Statute of Limitations 1957
  2. 2 Whether the acts of the respondents were sufficient to prevent adverse possession from accruing
  3. 3 Whether the trial judge applied the correct legal principles to the facts

Ratio Decidendi

The appellant failed to establish exclusive and adverse possession of the land for the requisite period; the respondents' acts of possession, though minimal, were sufficient to prevent time running for adverse possession. The trial judge applied the correct legal principles and made findings supported by the evidence.

Court Disposition

Appeal dismissed

Orders

  • Order dismissing the appeal
  • Respondents' title to the land affirmed