O’'Brien & Anor v Martin [2017] NICh 20 (20 June 2017)

O’'Brien & Anor v Martin [2017] NICh 20 (20 June 2017)

The respondents established factual possession and intention to possess the disputed land for over 12 years, including cultivation, landscaping, and exclusive use, thereby acquiring possessory title by adverse possession under the Limitation (Northern Ireland) Order 1989 and Land Registration Act (NI) 1970.

Citation
[2017] NICh 20
Parties
Plaintiff/respondent: Aidan O'Brien; Plaintiff/respondent: Marita O'Brien; Defendant/appellant: Benedict Martin
Jurisdiction
Northern Ireland
Judgment Date
20 June 2017
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Land Registration, Limitation Period
Property Law Civil Procedure Adverse Possession Land Registration Limitation Period

Case Brief

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Parties

Aidan O'Brien

Plaintiff/respondent

Marita O'Brien

Plaintiff/respondent

Benedict Martin

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the respondents acquired title to the disputed land by adverse possession for the requisite period under the Limitation (Northern Ireland) Order 1989 and Land Registration Act (NI) 1970
  2. 2 Whether the factual possession and intention to possess were established for 12 years

Ratio Decidendi

The respondents established factual possession and intention to possess the disputed land for over 12 years, including cultivation, landscaping, and exclusive use, thereby acquiring possessory title by adverse possession under the Limitation (Northern Ireland) Order 1989 and Land Registration Act (NI) 1970.

Court Disposition

appeal dismissed

Orders

  • Respondents confirmed as owners of the disputed land by adverse possession
  • Rectification of the Land Register under Land Registration Act (NI) 1970