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Weekly tenant did not adversely possess property purchased by plaintiffs at auction
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High Court, in the context of the plaintiff property purchasers' application for vacant possession of a dwelling house in Galway, determines that the defendant nephew of a former life tenant of the property has not 'adversely possessed' the property as the plaintiffs' effected repairs to the roof during the requisite 12-year period, thereby satisfying the condition of a 'sufficient act of possession' to defeat the defendant's claim.
Vacant possession - property purchased at auction in May 2012 - plaintiffs purchased property on belief of vacant possession subject to a life tenancy at peppercorn rent in favour of defendant's uncle (now deceased) - paper title undisputed - defence of adverse possession - summary of evidence - predecessor in title received rent from defendant in 1998, 2004 and 2008 - defendant 'came out of nowhere' when plaintiff came to view property - ejectment proceedings discontinued in July 2012 - sale of property closed in October 2013 following a resolution between parties of plaintiffs' appeal to Supreme Court of High Court's order refusing declaratory relief seeking vacant possession - modest and frugal lifestyle of defendant - whether plaintiffs' claim is statute-barred - condition of premises not determinative - 'enjoyment' of property by defendant - whether defendant established uninterrupted possession for twelve years in a manner which is adverse to the true owner - weekly tenancy - test to be applied - effecting repairs to roof sufficient to stop time running - sufficient act of possession, albeit minimal.
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