A man who claimed he used a three-acre field near Clondalkin railway station for 30 years without objection from its owner Córas Iompair Éireann (CIÉ) is not entitled to adverse possession of it, the Supreme Court has ruled.
Dennis Dunne had claimed, for some 30 years between 1977 and 2007, that he made use of, maintained and secured the field through grazing and training of horses, keeping chickens, ducks and dogs and building temporary stabling and sheds.
Ms Justice Mary Laffoy said his case illustrated the law on adverse possession is "probably still as controversial" as it was in 1989, when the Law Reform Commission first recommended changes which have not been implemented. The case underlined the need for a review of recommendations made by the Law Reform Commission in 1989, 2002 and 2005 to bring "clarity" to the law in this area, she said.
In 2007, the High Court dismissed Mr Dunne's proceedings against Iarnród Éireann and CIÉ aimed at securing adverse possession of the field. The High Court found there was no possession by him of the field adverse to CIÉ's rights as owner. The Supreme Court yesterday dismissed the appeal but welcomed Iarnród Éireann/CIÉ's decision not to seek costs.
