Horgan v Deasy

• Jurisdiction: Ireland
• Judge: McWilliam j
• Judgment Date: 15 May 1979
• Neutral Citation: 1978 WJSC-HC 1535
• Date: 15 May 1979
• Court: High Court
• Docket Number: No.455P/1976

1978 WJSC-HC 1535

THE HIGH COURT

No.455P/1976

HORGAN v. DEASY

MICHAEL HORGAN

.v.

LIAM DEASY

1 Judgement of McWilliam jdelivered the 15 day of May 1979

2 The plaintiff is a son and the personal representative of Denis Horgan who died on the 18th day of February, 1929. Denis Horgan had, on 10th March,1909, been registered as full owner of the lands described on Folio 7967 County Cork, of the Register of Freeholders in the Land Registry, and he is still registered on this folio as full owner of the lands. After his death another son, his only other child, continued to reside on the lands. This son appears to have been somewhat of a recluse who did not work the farm very energetically. He died a bachelor while still in occupation of the lands. The plaintiff, who resides in England, then put the lands up for auction and on 2nd March, 1972, entered into a contract for the sale of them to the defendant although representation had not been raised to the estate of the registeredowner. The date fixed for completion was 21st March, 1972. Letters of administration of the estate of Denis Horgan were issued on 27th March, 1972. Under the circumstances of the ownership and use of the lands it was apparent to everybody that these were lands which it was likely that the Land Commission would consider acquiring and the defendant was allowed into possession immediately after the sale so that his position might be stronger if the Land Commission made any move. The Land Commission did become interested and served a notice of inspection dated 29th March, 1972, under the provisions of section 40 of the Land Act 1923. Under the provisions of section 13 of the Land Act 1965, the effect of this notice was to prevent, during the period of three months from the date of service of the notice, the sale or transfer of the lands without the consent in writing of the Land Commission. On 16th June, 1972 the Lay Commissioners, in pursuance of section 25(1) of the Land Act, 1936, certified that the lands were required for the relief of congestion and a provisional list in accordance with the provisions of section 40(2) of the Land Act, 1923, was duly published in Iris Oifigiuil on 27th June, 1972. This meant that, unless there was a valid objection to the acquisition allowed by the Land Commission, the lands would become vested in the Land Commission onthe appointed day and that there could be no dealing with the lands without the consent of the Land Commission. An objection was lodged on behalf of the plaintiff. The defendant was represented at the hearing before the Lay Commissioners and appears, by mutual agreement, to have taken over the presentation of the objection. The objection was disallowed on 14th June, 1973. Notwithstanding some conflict of evidence at the hearing before me, I am satisfied that the parties were substantially in agreement up to this point and for some time afterwards and that both parties were anxious that the defendant should obtain thelands.

3 The appointed day, when the lands will vest in the Land Commission, has not yet been declared.

4 By letter of 19th July, 1973 the solicitors for the defendant wrote to the Land Commission asking if the Land Commission agreed that the defendant was entitled to complete his contract, and, by...