Donnelly & Anor v Doyle [2004] NIQB 66 (08 October 2004)

Donnelly & Anor v Doyle [2004] NIQB 66 (08 October 2004)

The plaintiffs and their predecessors acquired title to the laneway by adverse possession prior to the issue of the civil bill, displacing the defendant's paper title. Any right of way the defendant may have had along the laneway between A and D was abandoned; the defendant retains a right of way from C to B.

Citation
[2004] NIQB 66
Parties
Plaintiffs/respondents: Tony and Frances Donnelly; Defendant/appellant: Jimmy Doyle
Jurisdiction
Northern Ireland
Judgment Date
08 October 2004
Procedural Posture
Civil Bill Appeal / Appeal From County Court to High Court
Outcome
Appeal dismissed; order of County Court Judge affirmed.
Legal Topics
Adverse Possession, Right of Way, Land Registration, Abandonment of Easement
Property Law Adverse Possession Right of Way Land Registration Abandonment of Easement

Case Brief

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Parties

Tony and Frances Donnelly

Plaintiffs/respondents

Jimmy Doyle

Defendant/appellant

Procedural Posture

Civil Bill Appeal / Appeal From County Court to High Court

Legal Issues

  1. 1 Whether the plaintiffs acquired title to the laneway by adverse possession
  2. 2 Whether the defendant retained a right of way over the laneway after adverse possession
  3. 3 Effect of land registration and statutory provisions on title and easements

Ratio Decidendi

The plaintiffs and their predecessors acquired title to the laneway by adverse possession prior to the issue of the civil bill, displacing the defendant's paper title. Any right of way the defendant may have had along the laneway between A and D was abandoned; the defendant retains a right of way from C to B.

Court Disposition

Appeal dismissed; order of County Court Judge affirmed.

Orders

  • Plaintiffs and their successors in title own the laneway marked A to D.
  • Defendant and his successors have a right of way across the laneway between points C and B.