The Circuit Court has ruled that three brothers are entitled to be registered as full owners of lands at Tiranascragh in County Galway after establishing title through adverse possession.
Fergal Hassett, Pat Hassett and Aonghus Hassett appealed after the Land Registry refused their application for first registration of approximately 34 acres contained in Folio GY4841. Claire Keegan had objected to their claim.
The disputed property comprises two separate parcels in the Tiranascragh area. The registered owner, Thomas Keegan, died intestate in 1956. The Hassetts claimed through Allan Keegan, one of his sons, who later left the lands to them in his 1999 will.
Judge Gerard Meehan said the evidence concerning occupation immediately after Thomas Keegan’s death was unclear. Family members may have used parts of the lands during the 1960s, and correspondence from 1972 referred to another family member’s possible share.
However, the judge found the evidence from 1999 onwards substantially clearer. Auctioneer John Tuohy produced letting agreements, receipts and account records showing that the two parcels were rented to tenant farmers over many years. Allan Keegan, and after his death his estate, acted as landlord and received the rents.
The court found this demonstrated both factual possession and the necessary intention to possess the lands as owner. There was no evidence that anyone claiming through the registered title exercised possession during the relevant 12-year period.
Judge Meehan preferred Mr Tuohy’s first-hand evidence over Claire Keegan’s assertion that she had occupied the property for almost six years before objecting to the registration application in November 2022.
The court concluded that Allan Keegan and his personal representative had exclusive possession from 1999 at the latest until the application for registration in May 2021.
A declaration was therefore granted that the Hassetts are entitled to be registered as full owners of both parcels in Folio GY4841.