Judge awards widow €1m cottage

A judge told a 62-year-old widow yesterday she was the legal owner of a semi-detached cottage and field at Kilternan, Co Dublin…

A judge told a 62-year-old widow yesterday she was the legal owner of a semi-detached cottage and field at Kilternan, Co Dublin, worth more than €1 million.

Judge Jacqueline Linnane told Philomena Byrne in the Circuit Civil Court the property was hers on the basis of having proved squatter's title of the lands for more than 16 years.

Mark De Blacam, SC, counsel for Mrs Byrne, had told the court she and her late husband Patrick, who died in 2002, had held the property rent-free from registered owners Tom and Celine Doyle since 1978.

The couple had lived at 13 Wayside, Kilternan, for all of their married lives together and had been in adverse possession of the 2.5-acre field and cottage four miles from their home since 1978.

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They had taken possession of it after the death of Austin Mason, who had adopted Patrick, and who had lived there under an early tenancy for a rent of £1.98 a year. Bridget Mason had lived in the cottage until the Byrnes had taken her to their home to look after her. Mr Byrne had paid the rent on the cottage and field up to her death in 1978.

Mr De Blacam said the Doyles, of Barnacullia, Woodside, Sandyford, Co Dublin, held paper title to the property and claimed to have been the owners since February 1978. Judge Linnane granted Mrs Byrne full title to the cottage and field and directed the Co Dublin Registrar of Titles to register Mrs Byrne as full owner.