Perry v Woodfarm Homes Ltd

JurisdictionIreland
Judgment Date01 January 1975
Date01 January 1975
Docket Number[1970. No. 4061 P]
CourtSupreme Court
(S.C.)
Perry
and
Woodfarm Homes Ltd

Leasehold -Rights of leaseholder barred - Leasehold interest assigned - Fee simple interest acquired by assignee - Whether interests merged - Whether freeholder entitled to possession - Statute of Limitations, 1957 (No. 6), s. 13, sub-s. 2 (a), s.24 - Registration of Title Act, 1964 ((No. 16), ss. 31, 49, 51.

Section 13, sub-s. 2 (a), of the Statute of Limitations, 1957, states that no action to recover land shall be brought after the expiration of 12 years from the date on which the right of action accrued to the person bringing it, or to the person through whom he claims; and s. 24 of the statute states that "the title" of a person to land "shall be extinguished" at the expiration of the period fixed by the statute for that person to bring an action to recover the land. The northern extremity of the plaintiff's property was bounded by a laneway which ran from east to west: a narrow strip of ground adjoined the northern side of the laneway. In 1955 the plaintiff entered into adverse possession of portion of the strip of ground, ami he continued in such possession without acknowledging the title of any person to that portion. In 1955 the strip of ground (with other lands) was held by a lessee under a lease which created a term of 999 years from the 29th September, 1947. In October. 1970, the lessee purported to assign the strip of ground to the defendants for the residue of the said term, and a month later the lessors conveyed to the defendants the fee-simple estate in the strip of ground. The defendants claimed to be entitled to the possession of the strip of ground, including the portion used by the plaintiff, on the basis that the leasehold interest in the said portion of the strip had been determined by merger on the acquisition by the defendants of the fee-simple estate The plaintiff issued a plenary summons in the High Court and claimed an injunction restraining the defendants from entering upon the portion of the strip used by the plaintiff. At the trial of the action it was Held, by O'Keeffe P. in granting a perpetual injunction, that, assuming that there could be a merger of part of the lands demised by the lease. no interest in the plaintiff's portion of the strip was vested in the defendants by the assignment of 1970 since the title of the assignor...

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14 cases
  • Dunne v Iarnród Éireann and Another
    • Ireland
    • High Court
    • 7 September 2007
    ...CORK CORPORATION v LYNCH UNREP LYNCH 26.07.85 1985/7/1878 LEIGH v JACK 5 EX D 264 CONVEY v REGAN 1952 IR 56 PERRY v WOODFARM HOMES LTD 1975 IR 104 LAND Adverse possession Nature of occupation - Whether requisite degree of possession - Whether person claiming adverse possession having requ......
  • Mohan v Roche
    • Ireland
    • High Court
    • 11 February 1991
    ...MOHAN PLAINTIFF AND THOMAS ROCHE DEFENDANT Citations: SUCCESSION ACT 1965 S27(4) ASHE V HOGAN 1920 1 IR 159 PERRY V WOODFARM HOMES LTD 1975 IR 104 LANDLORD & TENANT (GROUND RENTS) (NO 2) ACT 1978 ASSHETON V BOYNE 1964 2 WLR 913 SUCCESSION ACT 1965 S52(2) SUCCESSION ACT 1965 S52(5) SUCCES......
  • Gleeson v Feehan
    • Ireland
    • Supreme Court
    • 1 January 1997
    ...67 MOHAN V ROCHE 1991 IR 560 LOCAL REGISTRATION OF TITLE (IRL) ACT 1891 S52 REGISTRATION OF TITLE ACT 1964 S49 PERRY V WOODFARM HOMES LTD 1975 IR 104 STATUTE OF LIMITATION 1957 S24 GLEESON V FEEHAN 1993 2 IR 113 STATUTE OF LIMITATIONS 1957 S45 SUCCESSION ACT 1965 S126 STATUTE OF LIMITATIO......
  • Bula Ltd v Crowley
    • Ireland
    • Supreme Court
    • 13 February 2003
    ...BANK V YOURELL 1916 1 IR 312 YOURELL V HIBERNIAN BANK 1918 AC 372 HIBERNIAN BANK B YOURELL (NO 2) 1919 IR 310 PERRY V WOODFARM HOMES LTD 1975 IR 104 DPP (IVERS) V MURPHY 1999 1 IR 98 GOODEN V WATERFORD REGIONAL HOSPITAL UNREP SUPREME 21.2.2001 2001/11/2896 CONVEYANCING & LAW OF PROPERTY ......
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1 books & journal articles
  • The Law of Adverse Possession in Ireland: Is the Doctrine in Need of Radical Reform?
    • Ireland
    • Hibernian Law Journal No. 12-2013, January 2013
    • 1 January 2013
    ...Possession of Land (LRC 67–2002), p.6 57 Fairweather v St. Marylebone Property Co Ltd [1963] A.C. 510 58 Perry v Woodfarm Homes Ltd [1975] I.R. 104 03 O'Sullivan 2.indd 49 11/06/2013 10:26 50 ÉAMON O’SULLIVAN shed which straddled the boundaries of both properties, both held under 99 year le......

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