Farmer battles to save part of land from being sold

A farmer is prepared to go on hunger strike or drive nails through his hands outside the Dáil if his land “is sold out from under him”.

Michael O’Brien, aged 53, of Bulgaden, Kilmallock, Co Limerick, is fighting to keep 123 acres worth over €1m, the majority of which has been in his family for 300 years.

However, AIB, through its defence, is seeking for him to sell a portion of it to repay debts in the region of €171,000 after advancing him a loan to pursue a business in selling horses abroad.

A private investigator had been hired by the plaintiffs to determine other legal entitlements over the land, specifically those of his siblings, and the local parish priest was also contacted to identify whether some of his relatives were deceased.

Mr O’Brien said that he has no “liquid cash” to repay his debts, but is willing to sell a portion of land if a binding, “rock solid” legal document is produced by the bank. Specifically, Mr O’Brien objects to the term ‘strictly without prejudice’ on legal documents, as he is afraid it could afford the bank lee-way to claim more land from him.

“Never will a square inch of it be sold [without my consent]. I won’t walk out of here [his house] without an awful battle. I’m prepared to go all the way. I will go on hunger strike or be crucified before my land is taken. It’s great land; there isn’t a bad acre here. If it’s sold without my consent it will be over my dead body,” he said.

The bachelor has fired his legal representation.

The civil dispute, due back in court next month, dates back over a decade when Mr O’Brien sought a loan to pursue a venture in the horse transportation business with associates in Spain.

However, he said he was “lucky to come out of it with my land and the shirt on my back”, after he “ran into the wrong people”.

Mr O’Brien no longer farms his land, but uses it for a number of horses for his own use. His two-storey period property is not being sought by the bank.

Affidavits presented in court show Mr O’Brien deposited the title documents relating to 58 acres of his land in April 1999, by way of equitable mortgage to be held as continuing and collateral security. Then in April 2002, he deposited the title documents relating to a further 64 acres of land.

An order in October 2007 declared that the defendant was indebted to AIB to the sum of €128,335.19, with interest accruing.

Appearing before Judge Gerald Keys in Limerick Circuit Civil Court last month, Mr O’Brien said he wished to represent himself in court and

wants a “binding deal with AIB”, particularly a written rather than a verbal agreement.

“The banks aren’t the best for doing deals with as you know,” replied the judge.

Objecting to another adjournment of the case, AIB’s defence argued the case has now gone on for in excess of 10 years. “I don’t care how old they [the civil bills] are. The banks have had their way for long enough,” said the judge.

The case was adjourned to November 8.