Dolan v Reynolds
| Jurisdiction | Ireland |
| Judge | Mr. Justice Henry Abbott |
| Judgment Date | 11 February 2011 |
| Neutral Citation | [2011] IEHC 334 |
| Court | High Court |
| Date | 11 February 2011 |
[2011] IEHC 334
THE HIGH COURT
BETWEEN
AND
SUCCESSION ACT 1965 S67(2)
SUCCESSION ACT 1965 S10
SUCCESSION ACT 1965 S52
SUCCESSION ACT 1965 S54
STATUTE OF LIMITATIONS 1957 S13
STATUTE OF LIMITATIONS 1957 S18(1)
GLEESON v FEEHAN & O'MEARA 1993 2 IR 113 1991 ILRM 783 1991/9/2010
GLEESON v FEEHAN & PURCELL 1997 1 ILRM 522 1997/3/1056
WYLIE IRISH LAND LAW 3ED 1997 1097
CCR O.11 r3
KINGS WILL TRUSTS, IN RE; ASSHETON v BOYNE & ORS 1964 CH 542 1964 2 WLR 913 1964 1 AER 833
SUCCESSION ACT 1965 S53
REGISTRATION OF TITLE ACT 1964 S61
MOHAN v ROCHE 1991 1 IR 560 1991/10/2158
COUGHLAN PROPERTY LAW 2ED 2005 429
REGISTRATION OF TITLE ACT 1964 S61(3)
SUCCESSION ACT 1965 S54(2)
CIVIL LIABILITY ACT 1961 S9
CIVIL LIABILITY ACT 1961 S9(2)(B)
BASHAM (DECEASED), IN RE 1986 1 WLR 1498 1987 1 AER 405
GILLETT v HOLT 2001 CH 210 2000 3 WLR 815 2000 2 AER 289
DELANY EQUITY & THE LAW OF TRUSTS IN IRELAND 2ED 1999 26
DELANY EQUITY & THE LAW OF TRUSTS IN IRELAND 2ED 1999 17
O DOMHNAILL v MERRICK 1984 IR 151 1985 ILRM 40 1984/5/1593
REGISTRATION OF TITLE ACT 1964 S72(1)(P)
REGISTRATION OF TITLE ACT 1964 S72(1)(J)
REGISTRATION OF TITLE ACT 1964 S72
PROBATE LAW
Administration of estates
Circuit Court appeal - Administration of registered land - Injunction directing defendant to vacate subject to compensation for work done - Siblings - Father dying intestate and as registered owner of property - Mother personal representative - Property held in trust - Children transferring interest to mother - No execution of transfer - Absence of assent - Whether interest vested in beneficiary - Wife dying intestate before completion of administration of husband's estate - Whether property formed part of mother's estate - Defendant residing in property - Plaintiff personal representative of unadministered part of father's estate - Whether plaintiff as personal representative entitled to possession - Whether defendant trespassing - Whether plaintiff entitled to be registered as owner and to order for sale - Defendant sole occupant since mother's death - Large sums spent by defendant - Whether plaintiff guilty of delay - Estoppel - Adverse possession - Whether possession exclusive - Whether plaintiff statute barred - Ó Domhnaill v Merrick [1984] IR 151 considered - Mohan v Roche [1991] 1 IR 560 distinguished - Registration of Title Act 1964 (No 16), s 72(1)(p) - Succession Act 1965 (No 27), s 54 - Circuit Court order amended (2003/66EQ - Abbott J - 11/2/2011) [2011] IEHC 334
Dolan v Reynolds
JUDGMENT of Mr. Justice Henry Abbott delivered on the 11th day of February, 2011
1. This judgment relates to an appeal by the defendant/appellant against an injunction directing him to vacate his ancestral home subject to compensation to be paid for work done. The hearing took place in Trim on the 5 th and 6 th October, 2009.
2. Matthew Reynolds was the sole registered owner of the property described in Folio 21280 situated at Possexton, Enfield, County Meath. Matthew Reynolds died on the 22 nd March. 1980 and was survived by his widow, Evelyn Reynolds and five children. Matthew Reynolds died intestate. Evelyn Reynolds extracted Letters of Administration on 28 th October, 1980. Under section 67 (2) of the Succession Act, 1965 Evelyn Reynolds became beneficially entitled to two thirds of the estate and the five children became entitled to the other third. The children decided to give their mother their shares in the estate. This was done by the four children who were over 21 and therefore of age through the execution of a deed of Family Settlement. The plaintiff was under 21 years of age, thus her share of the estate was valued and an amount of money representing this share was placed on deposit which the plaintiff withdrew when she turned 21.
3. No assent was ever executed by Evelyn Reynolds vesting the subject property in herself as beneficiary. Matthew Reynolds continued to be named as the registered owner. Evelyn Reynolds would, therefore, in ordinary circumstances, continue to occupy the subject properly as the personal representative. Evelyn Reynolds died on 19 th January 1992. She died intestate. As Matthew Reynolds was the registered owner, his estate remained unadministered at the date of Evelyn Reynolds's death. Letters of Administration de bonis non, in respect of the unadministered part of the estate of Matthew Reynolds, Deceased, issued from the Probate Office to the plaintiff on 11 th June, 2003. Letters of Administration, in respect of the estate of Evelyn Reynolds, Deceased, issued from the Probate Office to the defendant on 5 th May, 2005.
4. Proceedings were commenced by the plaintiff in the Circuit Court in 2003. The plaintiff, as personal representative of the estate of Matthew Reynolds, sought to primarily recover possession of the subject property from the defendant who was residing in the subject property. The plaintiff claimed that, as she was administrator of her father's estate, she had the entitlement for the property to be sold. She also claimed that, as she was beneficially entitled to be registered as owner of the subject property, the occupation by the defendant on the property was an act of trespass. The plaintiff sought an injunction directing the defendant to leave the property,
5. The defendant claimed that he resided in the subject property since 1978 and looked after his mother after his father's death. He stated that he continued to reside there after his mother died, and remained the sole occupant since 19 th January, 1992. He claimed that all the other members of the family had left the family home and none lived there after 1992. The defendant submitted that over the intervening years he had expended a large sum of money, exceeding €75,000.00, in renovating and repairing the dwelling house. He claimed that all members of his family agreed and acquiesced to the carrying out of such works. The defendant argued that the plaintiff's claim was barred pursuant to the provisions of the Statute of Limitations 1957 and the Succession Act 1965, as she took no steps to administer the estate of her father for more than twenty three years. He further pleaded that it would be unjust and inequitable to grant the reliefs sought by reason of prolonged and inordinate delay. The defendant submitted that the plaintiff was at all material times aware of the fact that he was in possession of the property and that he had carried out extensive repairs and renovations and that the plaintiff had raised no objection or expressed any interest in the property and therefore would be unjustly enriched if she was given possession of the property.
6. The relief claimed by the plaintiff was as follows:-
(a) Damages for trespass.
(b) A mandatory injunction compelling the defendant to render forth vacant possession of the lands contained in Folio 21280 of the Register County Meath.
(c) A mandatory injunction directing the removal from the lands contained in Folio 21280 of the Register County Meath of all property belonging to the defendant his servants or agents.
(d) An injunction restraining the defendant from committing any further acts of trespass on the aforementioned lands.
7. On 3 rd April, 2009, the Circuit Court made the following order:-
(a) A Declaration that Evelyn Reynolds was entitled to be registered owner of the lands comprised in Folio 21280 of the Register County Meath.
(b) A Declaration that James Reynolds had not acquired title to Folio 21280 of the Register County Meath by way of adverse possession.
(c) A Declaration that James Reynolds was entitled to financial compensation in the sum of €60,000.00 for work expended on the property from 19 th January, 2002, to 18 th May, 2004.
(d) That the defendant be restrained from carrying out any further work on the property.
(e) The sale of the property and that the defendant could remain in the property pending sale.
(f) No order as to costs.
8. Section 10 of the Succession Act, 1965 provides-
2 "(1) the real and personal estate of a deceased person shall on his death, notwithstanding any testamentary disposition, devolve on and become vested in his personal representatives.
(3) The personal representatives shall be the representatives of the deceased in regard to his real and personal estate and shall hold the estate as trustees for the persons by law entitled thereto."
9. After the death of Matthew Reynolds, Evelyn Reynolds, as personal representative, held the property in trust for the person(s) entitled thereto. Those entitled were herself and her five children. By virtue of the Deed of Family Settlement, dated in 1980, the four children of age transferred their interest to their mother, while the plaintiff, when coming of age, accepted a sum of money in lieu of her interest. The defendant contends, therefore, that Evelyn Reynolds held the entire residue of the estate for herself, having barred the other next of kin six years after the full administration of the estate in 1980 or thereabouts. Presumably, it was with this submission in mind that the defendant extracted grant of letters of Administration of the estate of his mother Evelyn Reynolds on the 5 th May 2005 after delivery of his defence on the 20 th October 2004. However, in this context it is noteworthy that the defendant admits that Evelyn Reynolds died without having completed the administration of Matthew Reynolds's estate.
10. Generally an assent or transfer is required to be executed by a personal representative to...
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Trentdale Ltd v O'Shea
...posit that Mohan v. Roche does not apply in the instant case, as the property in question is registered land. Dolan v. Reynolds [2011] IEHC 334 was opened to the Court in order to illustrate this point. 33 In this case, after the death of her husband, Matthew Reynolds, Evelyn Reynolds, as p......