A case of adverse possession involving an English lord began this morning at a special sitting of Buncrana Circuit Court.
The case involves a parcel of land, two buildings and a pier on the Carraig Airt side of Mulroy Bay in Donegal.
This is part of the 325-acre Mulroy Estate, which was part of the estate of the late Lord Leitrim.
Lord John Gerald Strutt, 6th Baron Rayleigh of Essex, is now in charge of the estate which passed onto him through his uncle Hedley Vickers Strutt.
Jack Green from Fanad, who had been resident on the Mulroy Estate, is claiming possession of the pier, two sheds, known as the potato shed and the coal shed, and a parcel of land which is situated beside the Harry Blaney Bridge.
He claims to be in possession of this land and buildings for 30 years and that a verbal agreement existed confirming this.
The case is expected to last two to three days.
Members of the Strutt family have travelled from England to be present in court.
The case is being heard by Judge Francis Comerford.
Mr Green was resident in two buildings, Ivy cottage and Ivy Lodge, on the Mulroy Estate between 1975 and 1985 with the permission of the landlord Hedley Vickers Strutt.
There were eight buildings on the estate used as residential properties, which had tenants in them who acted as caretakers and they lived there rent free with the landlord's permission.
As the elder Mr Strutt's health declined, his nephew, the current Lord Strutt, wanted to clarify the position of Mr Green's occupancy and wanted it committed to 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 Mr Green on the property, which was considered a "discourteous and hostile act" by John Gerald Strutt.
John Gerald Strutt, who lives near Chelmsford, Essex, gave evidence this morning.
He described the close relationship he had with his uncle Hedley and said 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 Strutt was solely responsible for his uncle's commercial affairs and was advised by several others on the Mulroy estate.
Mr 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 response.
A letter was then delivered to Mr Green on 23 February 2012 asking him to sign the draft license, which he refused.
He was then handed a letter to quit the site within four weeks.
A legal letter from Mr Green’s 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 proprietary 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 Mr 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 .
Mr Nolan asked Mr 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.
Mr Strutt said he was not aware of this at all
Gerry Gallagher who lived beside the Mulroy Estate gave evidence this afternoon.
He described fishing off the pier as a child in the late 1950s and 1960s and also recalled potatoes being loaded onto boats from the shed on the pier up until the 1970s.
He also fished from a boat at the pier in the 1980s with another man in the locality, mostly in the summertime.
Mr Gallagher said when he purchased his own boat in the late 1980s he was using Mulroy pier as a base and he asked the permission of the late Hedley Strutt.
He said that permission was given to tie his boat at the pier and to store equipment.
Mr Gallagher said he did not ask Jack Greens permission to use the pier and never asked for his permission to do anything at the pier.
