Assignmemt: Exploring Adverse Possession: A Case Study on Title Conflict and Tenant Rights

Assessment Overview

This is a substantial written piece of work consisting of a range of activities. It will incorporate the Apprentice’s legal knowledge and how they can apply it in the workplace. It will be completed over a period of time and finalized with a video vlog on one of the 4 topics.

Learner Verification

Learner Name:

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Learners should keep copies of all assessment submitted, where applicable.

Any learner who presents another’s work as their own will be penalized. Plagiarism involves using another’s work without proper acknowledgment.

Case Study 1: Title Conflict

There is a Terry Gorry video on Moodle to further support your learning!

Read the Following Article and answer the questions:

Article Summary

High Court rules in favour of man living rent-free for over 15 years in south Dublin house

John O’Gara successfully argued there was no evidence allowing the Residential Tenancies Board (RTB) to conclude he was a tenant at the detached property.

A man who alleges he has been living rent-free for more than 15 years in a six-bed house in south Dublin has persuaded the High Court to overturn a finding that he was validly served with a lease termination notice.

John O’Gara successfully argued there was no evidence allowing the Residential Tenancies Board (RTB) to conclude he was a tenant at the detached property, which sits on half an acre in Rathfarnham. He denies the existence of any tenancy and claims ownership of the house on Ballyboden Road by adverse possession.

Setting out the background, Mr. Justice Anthony Barr stated Mr. O’Gara did not participate in the RTB hearing of last September as he maintained no tenancy existed between him and Patrick Fitzgerald, who purchased the property from a receiver in June 2022.

Mr. Fitzgerald told the RTB the property had been advertised as subject to a tenancy under terms unknown and there were no viewings prior to the online auction. He said he spoke to the previous owner of the house who said he let the property to Mr. O’Gara in 2007.

Mr. Fitzgerald said the man was not very clear on details, saying he believed the rent was €2,000 a month. He said the man indicated it was paid monthly for about 12 to 18 months before AIB took over the rent collection and he and his co-owner had no further involvement.

Two weeks after purchasing the house, Mr. Fitzgerald said he sent Mr. O’Gara a demand for rent of €4,500, which was based on present-day rental income for similar properties. He said he registered the “tenancy” with the RTB.

He said Mr. O’Gara did not pay any rent and has refused to let him access the property.

The judge said Mr. Fitzgerald served Mr. O’Gara with a warning letter in August 2022 and a notice of termination the following month. The RTB tribunal accepted a notification of rental arrears was valid and the notice of termination was validly served. It determined Mr. O’Gara should vacate the property by September 13th, 2023.

Mr. O’Gara appealed to the High Court, which found there was no evidence before the RTB tribunal of any tenancy between Mr. O’Gara and Mr. Fitzgerald.

Mr. Justice Barr noted a tenancy was registered in 2007 that named Mr. O’Gara and two others and another was registered in 2011 naming Mr. O’Gara. However, he noted that RTB registration does not create a tenancy.

In the absence of evidence of the existence of any tenancy agreement since 2007, the RTB lacked jurisdiction to deal with the matter and was in error in finding the notice of termination to be valid, the judge ruled. He stated Mr. O’Gara’s appeal must succeed. He set aside the RTB tribunal’s report and remitted the matter back to the RTB to consider it afresh.

Answer the Following:

1. A) What is the doctrine of Adverse Possession and how would you apply it to this case based on previous court proceedings studied and not the RTB ruling? (4)
2. B) Does Mr. O’Gara’s Case Reach the Threshold of Adverse Possession and why? Or if not, why? (3)
3. C) Based on the facts of this case, would the landlord be able to object to adverse possession using court proceedings? Make a valid discussion using references to case law and legislation relevant to title conflict and adverse possession. (3)

(10 Marks)