Hamilton -v- ACC Loan Management Ltd & ors [2016] IEHC 142 (18 March 2016)

Hamilton -v- ACC Loan Management Ltd & ors [2016] IEHC 142 (18 March 2016)

The plaintiff was in exclusive possession and control of the relevant lands for more than twelve years, and this possession was not broken by any act of Mrs. Hamilton, entitling him to be registered as owner by adverse possession.

Citation
[2016] IEHC 142
Parties
Plaintiff: Patrick Hamilton; Defendant: ACC Loan Management Limited; Defendant: Declan Taite; Defendant: John Coulston; Defendant: Derick Forde
Jurisdiction
Ireland
Judgment Date
18 March 2016
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim granted
Legal Topics
Adverse Possession, Land Registration, Statute of Limitations
Property Law Adverse Possession Land Registration Statute of Limitations

Case Brief

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Parties

Patrick Hamilton

Plaintiff

ACC Loan Management Limited

Defendant

Declan Taite

Defendant

John Coulston

Defendant

Derick Forde

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to be registered as owner of lands by reason of adverse possession
  2. 2 Whether the plaintiff's possession was exclusive and for the requisite period
  3. 3 Whether Mrs. Hamilton's actions broke the period of possession

Ratio Decidendi

The plaintiff was in exclusive possession and control of the relevant lands for more than twelve years, and this possession was not broken by any act of Mrs. Hamilton, entitling him to be registered as owner by adverse possession.

Court Disposition

Plaintiff's claim granted

Orders

  • Declaration that plaintiff is in adverse possession and entitled to be registered as owner of the relevant lands contained in Folio 14587 of the Register of Freeholders, County Monaghan
  • Parties invited to make submissions in respect of the precise order to be made