Abraham & Anor -v- Oakley Park Developments Ltd [2016] IEHC 790 (08 December 2016)

Abraham & Anor -v- Oakley Park Developments Ltd [2016] IEHC 790 (08 December 2016)

The physical boundary as evidenced by longstanding fencing, occupation, and acknowledgment by both parties prevails over the inconclusive Land Registry maps and transfer documents. Plaintiffs are entitled to rectification of the Land Registry boundary, restraining orders, removal of fencing, reinstatement of garden,...

Source-derived case information.

Citation
[2016] IEHC 790
Parties
Plaintiff: Sean Abraham; Plaintiff: Pauline Abraham; Defendant: Oakley Park Developments Limited
Jurisdiction
Ireland
Judgment Date
08 December 2016
Procedural Posture
Plenary Summons / Final Judgment
Outcome
judgment for plaintiffs
Legal Topics
Boundary Disputes, Rectification of Land Registry, Trespass, Harassment, Adverse Possession
Property Law Tort Law Equity Boundary Disputes Rectification of Land Registry Trespass Harassment Adverse Possession

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Parties

Sean Abraham

Plaintiff

Pauline Abraham

Plaintiff

Oakley Park Developments Limited

Defendant

Procedural Posture

Plenary Summons / Final Judgment

Legal Issues

  1. 1 Determination of the true boundary between Land Registry folios
  2. 2 Rectification of Land Registry maps
  3. 3 Trespass and harassment by defendant

Ratio Decidendi

The physical boundary as evidenced by longstanding fencing, occupation, and acknowledgment by both parties prevails over the inconclusive Land Registry maps and transfer documents. Plaintiffs are entitled to rectification of the Land Registry boundary, restraining orders, removal of fencing, reinstatement of garden, and damages for trespass and harassment.

Court Disposition

judgment for plaintiffs

Orders

  • Rectification of Land Registry maps to reflect the physical boundary between Folio KE7062F and Folio KE34848F
  • Defendant restrained from trespassing and harassing plaintiffs