Charlton v Kenny - legal aspects

Gobán Saor

[Note to moderators and others - we are free to discuss this case - the concept of "sub-judice" only arises in criminal trials]

It seems like this case is an issue of fact rather than law and will come down to a swearing match. If the Court finds that Kenny did seek Charlton's consent to use the land/install a gate/whatever then this will constitute acknowledgement on Kenny's part of Charlton's ownership and will defeat any claim for adverse possession. Even more so would be any finding that Kenny did offer to buy the land in question.

Am I missing something?

TJM

Gobán Saor wrote: »

The concept of "sub-judice" only arises in criminal trials

This is simply wrong. See e.g. the LRC Consultation Paper on Contempt of Court at p. 100.

O7Pat

without discussing - on rte.ie
http://www.rte.ie/news/2008/0409/kennyp.html
there is a one line reference to acquiring a leasehold interest in 2007 - anyone else intrigued by this, from whom etc surely this changes everything ?? Am I missing something?

johnfás

The offer to purchase the land would have to be in writing to defeat a claim to Adverse Possession IIRC.

O7Pat

Yes but the leasehold was acquired by the kennys who wouldn't want to defeat the claim to adverse possesion. ?? (And who did they acquire it from if the other side are claiming ownership?)

Sorry IIRC means what?

CantGetNoSleep

If I Recall Correctly

Rhonda9000

Without having heard the full facts aside from the usual hairy media coverage, I feel the claim is particularly weak. From my hazy recollection in relation to adverse possession, the occupier had to be occupying without permission, force or secrecy. There also seems to be little dispute surrounding the original permission to occupy from the legal owner, i.e. licence - fatal to adverse possession.

Am I missing some drastic fact that makes it more complex than it sounds? Looking forward to the decision (and especially re. costs)

mikemac

How many more weeks do they reckon this will last? Just wondering

johnfás

micmclo wrote: »

How many more weeks do they reckon this will last? Just wondering

They were in mediation over the weekend on the order of the judge I think. In that case it might already be settled or about to be settled. The maximum it will go on was 3 weeks from the start of the case.

johnfás

They settled. Pat Kenny will buy the land from Mr Charlton for an undisclosed sum.

daveywavey08

1.2 Mill I hear

ivanthehunter

daveywavey08 wrote: »

1.2 Mill I hear

And no friends...:D