‘Squatter’ loses rights claim to castle

A man’s claim to squatter’s rights over a ruined 13th century castle in Galway has been rejected by the High Court.

Philip Jones, who lives in the stately home next to the ruins of Castle Hacket in Belclare, Tuam, failed in seeking to overturn a Circuit Court decision that the old castle and the ¾-acre site it is on belong to Mairead Ní Nionain’s company, Culburnie Ltd.

Ms Justice Iseult O’Malley said Culburnie had proven it was sufficiently in possession throughout the 15-year period during which Jones claimed he was in occupation. He had failed to prove he enjoyed continuous possession for at least 12 years to give him a legal entitlement to adverse possession.

The judge awarded the costs of the High and Circuit Court hearings against Jones, who said such an order would “ruin me and put me out of business”.

Jones, who represented himself, had told the court he leases Castle Hacket House, a stately home built to replace Castle Hacket, which was last inhabited in 1703. Jones said he was agent for Jersey-registered Cavaliera Ltd, which bought the house from Ms Ní Nionain’s firm in 1993. He said he had lived there as a tenant of Cavaliera since.

He accepted the castle and the land were not included in that sale but said Ms Ní Nionain’s company was not active for several years and was not restored to the companies register until 2009, when the property was put up for sale. It was only then his occupancy was challenged.

In June 2012, Galway Circuit Court granted a declaration that Jones had no right, title, or interest in the property and granted injunctions restraining him from trespass.

He appealed against the decision to the High Court, which yesterday affirmed the Circuit Court order.