A man who broke into a Dublin house 30 years ago has won squatters rights, the Irish Supreme Court has ruled.
The court ruled that Desmond Grogan can continue to live at Enniskerry Road in Phibsboro, Dublin, according to the Irish Independent. It is understood he rents out the property to a number of tenants.
The house originally belonged to Alice Dolan, an 80-year-old barrister who died in October 1981 without ever having made a will. Her husband Patrick had passed away in 1969.
Grogan broke into the house in February 1982 after he learnt about the barrister’s death through his auctioneering job.
Due to the absence of a next of kin, letters of administration of Dolan’s estate were filed and granted to the Chief State solicitor in July 2000.
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As a result, the Chief State Solicitor has become the sole representative of Dolan’s estate and issued Circuit Court proceedings against Grogan in 2002, ordering him to give up possession of the property.
However after being a squatter there for over twenty years, Grogan disputed the State’s right to possession and argued that he has achieved adverse possession or squatters rights, as he had surpassed the 12-year period required for this.
The legal issue was referred to the Supreme Court. The 2/1 majority ruling on Thursday means the State cannot pursue its claim for possession.
8 Comments
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Switch to the desktop site to post a comment.merefalow | May 21, 2012, 05:21 AM EDT
the house was stolen by an opportunist,he should not have been allowed to profit from an obvious crime.
Kenzie | May 02, 2012, 02:27 AM EDT
In the summertime of 2011, a Texas man rose to infamy with the adverse possession of a $330,000 estate in Flower Mound, Texas. The courts, however, have decided that Kenneth Robinson's adverse possession is not lawful, and he has been evicted which I found here Courts are kicking adverse possession practitioners out of homes.
Kenzie | Feb 22, 2012, 07:23 PM EST
Adverse possession works in the US too...whether or not it's morally right..., everyone needs to have a will, a living will and a Durable Power of Attorney, notarized and filed with the proper court authorities or office....and a copy available to the named executor of the estate, even if it's just some used furniture and books. Makes it easier and more fair for everyone.
seanomelb | Feb 18, 2012, 09:41 PM EST
Your asessment is probably correct tim,but their was a case in london a few years ago where an irish momeless person was living on a piece of council land in a smart part of the city and he won his case.I believe he sold the land at current value and retired in comfort.On a lighter note maybe we could send all our homeless to London, there's so many of them they would probably own the city in 15yrs.Colonisation by stealth.
timbobdennehy | Feb 18, 2012, 06:49 PM EST
its still wrong the guy used his knowledge as an auctioneer,which no one else was privy too.worse still he was renting it out on top of that.a genuine homeless person would not of swung this.
seanomelb | Feb 18, 2012, 04:46 PM EST
Most western nations have "adverse possesion laws".Ignorance is bliss to some.
Nelsonbarry | Feb 18, 2012, 10:43 AM EST
I always wanted a place in Ireland, didn't realize I could get one this way.
jacersagain | Feb 18, 2012, 09:39 AM EST
This is proof that Irish Law is an ass.