Griffin v Bleithin

• Jurisdiction: Ireland
• Judge: Mr. Justice Quirke
• Judgment Date: 12 March 1999
• Neutral Citation: [1999] IEHC 128
• Docket Number: No. 672 CA/1997
• Court: High Court
• Date: 12 March 1999

[1999] IEHC 128

THE HIGH COURT

Quirke

No. 672 CA/1997

GRIFFIN v. BLEITHIN

THE CIRCUIT COURT ON APPEAL

DUBLIN CIRCUIT COUNTY OF THE CITY OF DUBLIN

BETWEEN

ALICE (SUING IN HER CAPACITY AS PERSONAL REPRESENTATIVE OF THE LATE JOHN GRIFFIN DECEASED)

PLAINTIFF

AND

MICHAEL BLEITHIN

DEFENDANT

Citations:

STATUTE OF LIMITATIONS 1957 S24

STATUTE OF LIMITATIONS 1957 S13(2)

DROHAN V DROHAN 1981 ILRM 473

GLEESON V FEEHAN & O'MEARA 1991 ILRM 783

STATUTE OF LIMITATIONS 1957 S18(1)

STATUTE OF LIMITATIONS 1957 S58

STATUTE OF LIMITATIONS 1957 S24

Synopsis

Property

Adverse possession; Statute of Limitations; title to lands; weekly tenancy; appeal against order of Circuit Court; defendant had remained in possession of certain lands after service of a notice to quit; whether the defendant had adverse possession to the lands; whether the title of the plaintiff to the lands was statute-barred; whether acts by the defendant were done with sufficient animus possidendi; ss.13, 18, 24 and 58, Statute of Limitations, 1957 Held: Appeal dismissed Griffin v. Bleithin - High Court: Quirke J. - 12/03/1999 - [1999] 2 ILRM 182

No action to recover land may be brought by any person after the expiration of twelve years from the date on which the cause of action accrued. The limitation period of twelve years applies despite the fact that the plaintiff is a personal representative of the owner. A person claiming adverse possession must prove animus possidendi on his part. The High Court so held in dismissing the defendant's appeal.

1 Mr. Justice Quirke delivered on the 12th day of March 1999.

2 This is an Appeal brought by the Defendant, Mr. Michael Bleithin, against the entire of an Order of the Circuit Court (Groarke J.) dated the 11th day of December 1997 whereby the Plaintiff herein was granted certain relief including:-

3 (1) A permanent injunction restraining the Defendant from entering onto or using a garage or store on premises at the rear of property known as 1-6 Victoria Road, Rathgar in the City of Dublin and requiring the Defendant to remove his property from that premises; and

4 2 An Order:-

5 (a) declaring that the Plaintiff's title to a particular shed on the premises at the same location has been extinguished pursuant to the provisions of Section 24 of the Statute of Limitations, 1957; and

6 (b) declaring that the Defendant is entitled to a right to pass and repass over a certain area within the Plaintiff's property and to a particular user of that area (for the purposes of servicing a particular shed) on the grounds that he, by virtue of his adverse possession thereof, has barred the Plaintiff's title thereto.

7 It has been quite properly conceded on behalf of the Defendant and agreed between the parties that, subject to the claim of the Defendant herein, the Plaintiff, as personal representative of the late John Griffin deceased, is, by deed of Assignment dated the 1st day of November, 1968 entitled, as beneficial owner thereof, to the entire of the property which is in dispute herein for a term of 900 years from the 1st day of May, 1899 subject to the rent reserved by a lease of that date and to the covenants on the Lessee's part and conditions therein contained but subject also to additional easements or rights of way over a portion thereof in favour of persons or parties not concerned with or involved in these proceedings.

8 It is contended on behalf of the Defendant that since in or about 1967 or 1968 the Defendant has been in exclusive occupation and possession of the lands, premises and hereditaments devised by the said lease dated the 1st day of May, 1899 and assigned to the late John Griffin by the said deed dated the 1st day of November 1968 and that his possession and occupation thereof has at all times been adverse to and wholly inconsistent with the title of the late John Griffin and his successors in title (including the Plaintiff) to that property. Accordingly, the Defendant claims that the Plaintiff's title to the lands and premises in question is statute barred pursuant to Section 13(2) of the Statute of Limitations. 1957 and the Defendant seeks a declaration to the intent that the Plaintiff's title to the said lands has been extinguished pursuant to the provisions of Section 24 of the Statute of Limitations, 1957.

THE FACTS

9 On the evidence adduced at the hearing the following are the facts which are most material to the determination of the issues in this case.

10 1. The late John Griffin died intestate on 22nd December, 1981 and a Grant of Letters of Administration to his estate issued to the Plaintiff on 29th January, 1992.

11 2. The proceedings herein were commenced by the issue and service of a Civil Bill herein dated the 7th day of February, 1994.

12 3. The Defendant went into possession of the yard which is coloured yellow on the map appended to the Civil Bill herein in or around 1968 on foot of a relatively informal agreement made between the Defendant and the late John Griffin (hereinafter referred to as "the deceased") which provided that the Defendant should be entitled to the use of the yard and possibly one of the small sheds (which is coloured blue on the map attached to the Civil Bill) in return for a weekly rental of £8 per week. It was further agreed that the Defendant would have access to and egress from the yard by means of the lane-way which is also coloured yellow on the map annexed to the Civil Bill herein upon which is written "Paved Lane-right of way".

13 4. Although the deceased sought the rent regularly from the Defendant the latter failed to pay any of the rent due on foot of the agreement and a Notice to Quit dated the 18th day of April, 1974 and signed by the deceased was served upon the Defendant by registered post requiring the Defendant to vacate the yard and shed concerned which was declared by the Notice to Quit to be "....held by you on a weekly tenancy....".

14 5. Notwithstanding constant requests made by the deceased and the service of the Notice to Quit, the Defendant did not vacate the yard and shed which he was occupying and after separating from his wife in 1976 he commenced residing in a vehicle within the yard.

15 6. On the 10th day of January, 1972 a Mr. Michael G. Magee entered into possession of and occupied that portion of the deceased's premises which is coloured red on the map annexed to the Civil Bill herein and therein described as a...