Feehan v. Leamy [2000] IEHC 118 (29th May, 2000)

Feehan v. Leamy [2000] IEHC 118 (29th May, 2000)

The Second named Defendant failed to prove dispossession of the Plaintiff or the necessary animus possidendi for adverse possession; Plaintiff retained all rights he wished to exercise and was not excluded from the lands.

Citation
[2000] IEHC 118
Parties
Plaintiff: Michael Feehan; Defendant: Patrick Leamy; Defendant: Roger Leamy
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Final Judgment
Outcome
Plaintiff's claim granted; Defendants' counterclaim dismissed.
Legal Topics
Adverse Possession, Injunction, Trespass, Statute of Limitations
Property Law Civil Procedure Adverse Possession Injunction Trespass Statute of Limitations

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Feehan

Plaintiff

Patrick Leamy

Defendant

Roger Leamy

Defendant

Procedural Posture

Plenary Summons / Final Judgment

Legal Issues

  1. 1 Whether the Second named Defendant acquired title to the lands by adverse possession
  2. 2 Whether the Plaintiff was dispossessed or discontinued possession for the statutory period
  3. 3 Whether the Second named Defendant had the necessary animus possidendi

Ratio Decidendi

The Second named Defendant failed to prove dispossession of the Plaintiff or the necessary animus possidendi for adverse possession; Plaintiff retained all rights he wished to exercise and was not excluded from the lands.

Court Disposition

Plaintiff's claim granted; Defendants' counterclaim dismissed.

Orders

  • Injunctive relief granted restraining Defendants from trespassing on the lands.
  • Declaration that Defendants have not acquired title by adverse possession.