McCann v McCann [2013] NICh 7 (17 April 2013)

McCann v McCann [2013] NICh 7 (17 April 2013)

The defendant did not acquire exclusive title by adverse possession because the plaintiff, as co-owner, continued to exercise minimal acts of possession over the Mountain Lands, the new workshop, and the yard, thus preventing the running of time under the Limitation (Northern Ireland) Order 1989. However, the plaintiff had discontinued possession of the farm buildings used exclusively by the defendant. Given the nature of the land and the breakdown in relations, sale in lieu of partition was appropriate.

Citation
[2013] NICh 7
Parties
Plaintiff: Michael Gerard McCann; Defendant: Hugh Kenneth McCann
Jurisdiction
Northern Ireland
Judgment Date
17 April 2013
Procedural Posture
Chancery Civil Action / Judgment After Trial
Outcome
Claim for exclusive title by adverse possession dismissed; order for sale in lieu of partition granted.
Legal Topics
Adverse Possession, Co Ownership, Partition and Sale, Limitation of Actions
Property Law Equity Adverse Possession Co Ownership Partition and Sale Limitation of Actions

Case Brief

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Parties

Michael Gerard McCann

Plaintiff

Hugh Kenneth McCann

Defendant

Procedural Posture

Chancery Civil Action / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant acquired exclusive title to co-owned land by adverse possession against the plaintiff's undivided share
  2. 2 Whether the plaintiff was dispossessed of his share in the Mountain Lands
  3. 3 Whether an order for sale in lieu of partition should be made

Ratio Decidendi

The defendant did not acquire exclusive title by adverse possession because the plaintiff, as co-owner, continued to exercise minimal acts of possession over the Mountain Lands, the new workshop, and the yard, thus preventing the running of time under the Limitation (Northern Ireland) Order 1989. However, the plaintiff had discontinued possession of the farm buildings used exclusively by the defendant. Given the nature of the land and the breakdown in relations, sale in lieu of partition was appropriate.

Court Disposition

Claim for exclusive title by adverse possession dismissed; order for sale in lieu of partition granted.

Orders

  • Sale of the Mountain Lands in lieu of partition, with proceeds to be divided between the parties.
  • Further guidance on accounting to be provided if required.