Mother and son land dispute case to linger on

A court case relating to a land dispute between a mother and her eldest son is set to continue.

The circuit court office confirmed that Mary McNamara of Davitt Terrace, Cloughleigh, Ennis, Co Clare, has appealed against a costs’ order concerning the action taken against her by her son, Michael McNamara, aged 39, of Silvergrove, Bodyke.

At Ennis Circuit Court last month, Judge Tom O’Donnell told members of the McNamara family it was “a desperate tragedy” that the dispute had ended up in court.

He made his comments before ordering Ms McNamara to pay her son’s costs. It is that aspect of the order which is under appeal to the High Court.

Mr McNamara was seeking possession of a house and 13 acres owned by his mother. Mr McNamara leased the house and lands from his mother between 1991 and 2009 and told the court his mother intimated she would leave him the house and lands at Silvergrove. In evidence, Ms McNamara disputed this. Neither parties live at the house.

Judge O’Donnell said: “I hoped that there would have been some resolution to this dispute between a mother and her son before now, given that these people came into court as members of the same family and will still be members of the same family going out the door, whether they are talking to each other or not.

“This is a matter that has got completely out of hand. Positions have been adopted by both sides in the case.”

Legal proceeding were initiated by Mr McNamara against his mother in 2009.

In evidence, he had said the house and lands were put up for sale in 2009 with an asking price of €290,000. Auctioneer Donie O’Brien told the court the house today “is a pile of stones” and, along with the landholding, worth €55,000. However, counsel for Ms McNamara, Pat Whyms said the value is €90,000 to €100,000.

In evidence, Mr McNamara said: “I told my mother there would be no winners in this. I have tried several times to sort this out between us. I told her if you lose the case, you might end up losing your house to pay legal fees. If I lose, I risk losing everything I have. There will be no winners in this, no matter what happens.”

Ruling against Mr McNamara’s claim for possession Judge O’Donnell said he found the evidence vague. However, Judge O’Donnell said Mr McNamara put in place a substantial amount of work on the lands with the judge costing the works at €12,598.

Judge O’Donnell ordered Ms McNamara pay that amount to her son and he also ordered Ms McNamara to pay her son’s legal costs.