Dooley & anor -v- Flaherty [2014] IEHC 528 (18 November 2014)

Dooley & anor -v- Flaherty [2014] IEHC 528 (18 November 2014)

The defendant did not acquire title by adverse possession because acts of possession by the plaintiffs' predecessor in title, including repairs and insurance of the property, were sufficient to interrupt the running of time under the Statute of Limitations 1957. The minimal acts of possession by the owner prevented the accrual of the twelve-year period required for adverse possession.

Citation
[2014] IEHC 528
Parties
Plaintiff: Cyril Dooley; Plaintiff: Orla Cullinan; Defendant: Michael Flaherty
Jurisdiction
Ireland
Judgment Date
18 November 2014
Procedural Posture
Vendor and Purchaser Proceedings / Claim for Declaration of Entitlement to Vacant Possession / High Court Judgment
Outcome
Plaintiffs' claim for declaration of entitlement to vacant possession succeeds; adverse possession not established by defendant.
Legal Topics
Adverse Possession, Statute of Limitations, Tenancy, Acts of Possession
Property Law Civil Procedure Adverse Possession Statute of Limitations Tenancy Acts of Possession

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Cyril Dooley

Plaintiff

Orla Cullinan

Plaintiff

Michael Flaherty

Defendant

Procedural Posture

Vendor and Purchaser Proceedings / Claim for Declaration of Entitlement to Vacant Possession / High Court Judgment

Legal Issues

  1. 1 Whether the defendant acquired title to the property by adverse possession under the Statute of Limitations 1957
  2. 2 Whether acts of possession by the paper title owner interrupted the running of time for adverse possession

Ratio Decidendi

The defendant did not acquire title by adverse possession because acts of possession by the plaintiffs' predecessor in title, including repairs and insurance of the property, were sufficient to interrupt the running of time under the Statute of Limitations 1957. The minimal acts of possession by the owner prevented the accrual of the twelve-year period required for adverse possession.

Court Disposition

Plaintiffs' claim for declaration of entitlement to vacant possession succeeds; adverse possession not established by defendant.