Tarbutus LTD v Hogan (Approved) [2021] IEHC 786 (15 December 2021)

Tarbutus LTD v Hogan (Approved) [2021] IEHC 786 (15 December 2021)

Tarbutus, as the registered owner of the apartment, is entitled to possession and occupation. The conclusivity of the register under Section 31(1) of the Registration of Title Act 1964 precludes going behind the register in the absence of proven fraud or mistake. Mr Hogan failed to provide evidence of fraud,...

Source-derived case information.

Citation
[2021] IEHC 786
Parties
Plaintiff: Tarbutus Limited; Defendant: Conor Hogan
Jurisdiction
Ireland
Judgment Date
15 December 2021
Procedural Posture
Plenary Action (high Court of Ireland) / Final Judgment After Oral Trial
Outcome
Judgment for the plaintiff (Tarbutus Limited)
Legal Topics
Conclusive Effect of Land Register, Rectification for Fraud or Mistake, Mortgagee's Power of Sale, Trespass, Abuse of Process
Property Law Land Registration Conclusive Effect of Land Register Rectification for Fraud or Mistake Mortgagee's Power of Sale Trespass Abuse of Process

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Parties

Tarbutus Limited

Plaintiff

Conor Hogan

Defendant

Procedural Posture

Plenary Action (high Court of Ireland) / Final Judgment After Oral Trial

Legal Issues

  1. 1 Whether Tarbutus Limited is entitled to possession of Apartment 9B Ballycummin Village as registered owner
  2. 2 Whether the registration of Tarbutus as owner can be challenged for fraud or mistake
  3. 3 Whether alleged defects in the transfer from Tanager to Tarbutus undermine Tarbutus's title

Ratio Decidendi

Tarbutus, as the registered owner of the apartment, is entitled to possession and occupation. The conclusivity of the register under Section 31(1) of the Registration of Title Act 1964 precludes going behind the register in the absence of proven fraud or mistake. Mr Hogan failed to provide evidence of fraud, mistake, or any legal defect in the transfer or registration process. Allegations regarding undervalue, company dormancy, or procedural irregularities do not justify rectification or undermine Tarbutus's title.

Court Disposition

Judgment for the plaintiff (Tarbutus Limited)

Orders

  • Declaration that Tarbutus Limited is entitled to possession and occupation of Apartment 9B Ballycummin Village, Ballycummin, County Limerick
  • Injunction restraining Conor Hogan from trespassing on the property