Lord of Strutt faces land battle on Donegal estate

A 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.

John Gerard Strutt, the 6th Baron of Rayleigh in Essex, manages the 325-acre Mulroy Estate in Carrigart. The land was passed to him by his uncle, Hedley Vickers Strutt. However, Jack Green from Fanad claims adverse possession of some land, two buildings, and a pier.

The case opened yesterday at Buncrana Circuit Civil Court . 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 estate between 1975 and 1985 with the permission of the landlord, Hedley Vickers Strutt.

As the elder Strutt’s health declined, his nephew 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”.

John Strutt, who resides in Essex, was solely responsible for his uncle’s commercial affairs, the court heard.

John Strutt gave evidence of a meeting with Jack Green and his son in 2010 in an effort to commit to the agreement to writing.

Mr Strutt put it to Jack Green that Hedley Strutt owned the land and 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.

A draft licence was sent to Mr Green in May 2011 and Mr Green erected a gate on the land two weeks later.

At a subsequent meeting Mr Strutt said he told Mr Green it was an “enormous discourtesy to his uncle” that the gate was erected without permission and he saw it as an act of hostility.

But Mr Green said the gate was erected as a security measure to prevent thefts.

A letter was given to Mr Green on February 23, 2012, asking him to sign the licence. He refused and then he was handed a letter to quit the site within four weeks.

A letter from Jack Green’s solicitors in March 2012 addressed to Hedley Strutt and received four days before his death, said Mr Green would not be vacating the site, that he had been in uninterrupted possession of the site for over 30 years, and he had acquired proprietorial rights over the site as a result.

John Strutt said this was the first time Mr Green had said to him that he had rights over the site at the pier.

The case continues today.