DONEGAL MAN CLAIMS RIGHTS TO CARRIGART LAND PASSED ONTO ENGLISH LORD

first_imgSome of the Mulroy estate in Carrigart at the centre of the court dispute.A Co Donegal man is claiming he owns the rights to land being claimed by an English Lord – because he has lived on them for 30 years.Lord John Gerard Strutt, the 6th Baron of Rayleigh in Essex, now manages the 325 acre Mulroy Estate in Carrigart, which was once part of the estate of Lord Leitrim. The land was passed onto him by his uncle Hedley Vickers Strutt.However, local man Jack Green from Fanad is claiming adverse possession of parts of the estate, namely a parcel of land, two buildings and a pier.The case opened yesterday at Buncrana Circuit Civil Court and is expected to last up to three days before Judge Francis Comerford.Mr Green claims to be in possession of this land and buildings for 30 years and that a verbal agreement existed confirming this.He was resident in two buildings on the Mulroy estate between 1975 and 1985 (Ivy cottage and Ivy Lodge), with the permission of the landlord Hedley Vickers Strutt.The court heard there were 8 buildings on the estate used as residential properties which had tenants who acted as caretakers and they lived there rent-free with the landlords’ permission.As the elder Mr Strutt’s health declined, his nephew the current Lord Strutt wanted to clarify the position of Jack Green’s occupancy and wanted it in writing.In 2010 this was suggested to Mr Green who said he wanted to ‘leave things as they were.’A gate was then erected by Jack Green on the property which was considered a ‘discourteous and hostile act’ by John Gerald Strutt.John Gerald Strutt, who resides near Chelmsford, Essex described the close relationship he had with his uncle Hedley and that he had visited the estate many times from early childhood.His uncle’s health began to decline from 2002 following a bad fall and was cared for by a resident on the estate and another nephew .Mr John Strutt was solely responsible for his uncle’s commercial affairs and was advised by several others on the Mulroy estate .John Strutt gave evidence of a meeting with Jack Green and his son Gerard Green in 2010 in an effort to commit to writing what was a verbal agreement.Mr Strutt put the point to Jack Green that Hedley Strutt owned the land and that Green was occupying the quay with his uncle’s permission, which Mr Green agreed. Mr Green said he was happy with the agreement as it was and didn’t want it in writing .John Strutt said he was left unclear of what the terms of occupation were and wanted to put together a draft licence. He said it was in no way a hostile meeting .A draft licence was produced and sent to Mr Green in early May 2011 and Mr Green erected a corrugated steel gate on the land about two weeks after the draft licence was sent to him .A further meeting between Mr Green and Mr Strutt was held in October 2011 in the kitchen of Mulroy Manor. Both men had their sons present at the meeting also. Mr Green again outlined to John Strutt that there was no need to put in writing the verbal agreement .Mr Strutt said he told Mr Green that it was ‘plain bad manners’ and an ‘enormous discourtesy to his uncle’ that the gate was erected without permission and that he saw it as an act of hostility.But Mr Green said the gate was erected as a security measure to prevent thefts on the site, adding a key could be obtained for the gate from his son Kevin if needed.Mr Strutt gave evidence that the meeting ended on bad terms when he claimed Mr Green said to him “don’t forget I have friends in the Gardaí, in the media and in politics and let’s not forget the history and say no more.”Mr Strutt said he reported this to a local doctor and then to the Gardaí.John Strutt said a draft licence was put together and a clause included by his uncle Hedley that Mr Green be given permission to occupy the potato store ‘for life’ a clause John Strutt was not happy with. This was sent to Mr Green on 31 January 2012 and received no reponse.A letter was then delivered to Mr Green on 23 February 2012 asking him to sign the draft license, which he refused and then he was handed a letter to quit the site within 4 weeks .A legal letter from Jack Greens solicitors in March 2012 addressed to Hedley Strutt and received four days before his death, stated Mr Green would not be vacating the site, that he had been in uninterrupted possession of the site for over 30 years and that he had acquired proprietorial rights over the site as a result .John Strutt said this was the first time Mr Green had stated to him that he had rights over the site at the pier .In cross examination by barrister Peter Nolan, John Strutt confirmed he did not seek legal advice in 2010 before seeking to get Jack Green to commit to a written agreement about the yard, pier and sheds.Mr Green erected a pole over an entrance to the pier in 1985 and said he was never asked to remove it and he had the key for it.Mr Strutt said he believed the pole was erected in 1993. Another resident on the estate had asked Mr Green to move the pole for him when building work was taking place on the estate which he did.Barrister Nolan asked John Strutt if he was aware of a boxing club using the sheds in the yard, of vehicles being parked on the pier, of engineering works taking place on the site and of boats being repaired there. John Strutt said he was not aware of this at all.The case continues today.DONEGAL MAN CLAIMS RIGHTS TO CARRIGART LAND PASSED ONTO ENGLISH LORD was last modified: June 18th, 2015 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:adverse possessionCarrigartdisputedonegalLandLord Leitrimlast_img