Mulhern v. Brady [2001] IEHC 23 (14th February, 2001)

Mulhern v. Brady [2001] IEHC 23 (14th February, 2001)

The applicant failed to establish twelve years' continuous adverse possession and occupation to the exclusion of the registered owner. There was no open assertion of title or intent to extinguish the registered owner's title. The acts relied upon were insufficient to constitute adverse possession.

Citation
[2001] IEHC 23
Parties
Applicant: James Mulhern; Respondent: John Brady
Jurisdiction
Ireland
Procedural Posture
Application for Registration of Possessory Title (adverse Possession) / High Court Appeal From Registrar of Title Refusal
Outcome
Application dismissed
Legal Topics
Adverse Possession, Land Registration, Possessory Title
Property Law Adverse Possession Land Registration Possessory Title

Case Brief

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Parties

James Mulhern

Applicant

John Brady

Respondent

Procedural Posture

Application for Registration of Possessory Title (adverse Possession) / High Court Appeal From Registrar of Title Refusal

Legal Issues

  1. 1 Whether the applicant established twelve years' continuous adverse possession to the exclusion of the registered owner
  2. 2 Whether acts of occupation or use by the applicant or his tenants constituted adverse possession

Ratio Decidendi

The applicant failed to establish twelve years' continuous adverse possession and occupation to the exclusion of the registered owner. There was no open assertion of title or intent to extinguish the registered owner's title. The acts relied upon were insufficient to constitute adverse possession.

Court Disposition

Application dismissed

Orders

  • Applicant fails in his application to be registered as full owner of the lands in Folio 2070F, County Longford.