Fanning v. Jenkinson [1997] IEHC 114 (2nd July, 1997)

Fanning v. Jenkinson [1997] IEHC 114 (2nd July, 1997)

Plaintiff failed to establish exclusive adverse possession for twelve or more years; evidence did not support continuous, exclusive possession or use of the disputed bank; Defendants' paper title and rectification deed prevailed.

Citation
[1997] IEHC 114
Parties
Plaintiff: Fanning; Defendants: David Jenkinson and Miriam Jenkinson
Jurisdiction
Ireland
Procedural Posture
Equity Civil Bill / Appeal From Circuit Court to High Court
Outcome
Claim dismissed
Legal Topics
Adverse Possession, Boundary Dispute, Trespass
Property Law Adverse Possession Boundary Dispute Trespass

Case Brief

Summary, issues, holding and outcome

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Parties

Fanning

Plaintiff

David Jenkinson and Miriam Jenkinson

Defendants

Procedural Posture

Equity Civil Bill / Appeal From Circuit Court to High Court

Legal Issues

  1. 1 Whether the Plaintiff acquired title to the disputed land by adverse possession
  2. 2 Determination of the boundary between the properties
  3. 3 Whether the Plaintiff trespassed on the Defendants' property

Ratio Decidendi

Plaintiff failed to establish exclusive adverse possession for twelve or more years; evidence did not support continuous, exclusive possession or use of the disputed bank; Defendants' paper title and rectification deed prevailed.

Court Disposition

Claim dismissed

Orders

  • Plaintiff's claim for adverse possession and boundary declaration dismissed
  • Costs reserved