Ryan v Flattery & Ors (Approved) [2023] IECA 313 (15 December 2023)

Ryan v Flattery & Ors (Approved) [2023] IECA 313 (15 December 2023)

The respondent holds good title to the disputed lands as delineated in the 1974 Deed map, the appellants and their predecessors did not acquire title by adverse possession, and the appellants' acts constituted trespass and nuisance. The respondent is entitled to declarations of ownership, easement, injunctions, reinstatement costs, and damages.

Citation
[2023] IECA 313
Parties
Plaintiff/respondent: Thomas Ryan; Defendant/appellant: Fergal Flattery; Defendant/appellant: Citadel Homes Limited; Defendant/appellant: Mulberry Properties Limited
Jurisdiction
Ireland
Judgment Date
15 December 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; High Court orders affirmed.
Legal Topics
Adverse Possession, Trespass, Nuisance, Easements, Boundary Disputes
Property Law Civil Procedure Adverse Possession Trespass Nuisance Easements Boundary Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Thomas Ryan

Plaintiff/respondent

Fergal Flattery

Defendant/appellant

Citadel Homes Limited

Defendant/appellant

Mulberry Properties Limited

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent's claim to the disputed land was statute barred by adverse possession
  2. 2 Whether the respondent had good title to the disputed land under the 1974 Deed
  3. 3 Whether the appellants' acts constituted trespass and nuisance

Ratio Decidendi

The respondent holds good title to the disputed lands as delineated in the 1974 Deed map, the appellants and their predecessors did not acquire title by adverse possession, and the appellants' acts constituted trespass and nuisance. The respondent is entitled to declarations of ownership, easement, injunctions, reinstatement costs, and damages.

Court Disposition

Appeal dismissed; High Court orders affirmed.

Orders

  • Declaration of ownership of Ryan lands as per 1974 Deed map
  • Declaration of easement for septic tank soakaway