Brothers who kept horses on land fail in squatters rights bid on Portarlington land

Brothers who claimed squatters rights on a house and land in Portarlington have failed in their bid to stop the Council acquiring the land. 

Laois County Council has been granted permission by An Coimisiún Pleanála (ACP) to acquire a derelict house and site in Portarlington by Compulsory Purchase Order (CPO).

The Council said the property and land at Cooltederry, Portarlington is registered to the late William Kavanagh.

However, Edward and Johnny Harty objected to the CPO application and stated that they kept horses on the site. In an objection to Laois County Council they had stated that: “We are the sons of the late Edward Harty Snr who claimed possession of this land over 30 years ago under squatters’ rights (adverse possession), and who maintained it until his passing 18 years ago. Since his death, we his sons have continued his occupation of the land and assert a continuation of those squatters rights.”

An ACP Inspector noted that: “A submission by Johnny Harty and Edward Harty Jnr forwarded by Laois Travellers Action Group was received by the Commission on 29th July 2025 in response to the application for compulsory acquisition.”

He summarised their submission as follows: “While not registered owners, claim is asserted under adverse possession having had continuous, open and exclusive use and occupation lands for over 30 years. The property has been recently cleaned and painted and brought into a respectable condition which demonstrates an ongoing commitment to maintaining and caring for the site.”

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The Inspector said: “In relation to the timeline of notices between December 2023 and May 2025, it is stated that notices were not received. The notices were not addressed to the Hartys and to their knowledge were placed on the front gate which is a public pathway whereby they could have been removed or tampered with by any member of the public. There was no opportunity to formally respond at the time”.

In their submission to ACP the brothers said legal advice was being pursued and they intended to assert their rights to the land. 

Laois County Council said a notice was placed on the site on December 20, 2023. They said there was no contact from any interested party. A further notice was placed on the site in May of 2024, and again there was no contact from any interested party. A notice of intention to acquire the site was then posted on May 29, 2025.  A letter was also sent to the owner and an advertisement was taken out in the Leinster Express newspaper. 

Members of the Kavanagh family in Portarlington claim they were unaware the site had gone for CPO until they read about it in the Leinster Express/Laois Live. They say that no member of their family saw any signs on the property despite passing the site on a regular basis.  

An Inspector for An Coimisiún Pleanála noted that “Martin Kavanagh and Caroline Kavanagh are Executors of the late Albert Kavanagh and by virtue of his last Will and Testament, devised the lands comprised in Folio LS17280 to Martin Kavanagh. The lands in question are registered in the name of William Kavanagh, the paternal uncle of Martin Kavanagh and Caroline Kavanagh”. 

They were aware of the claims being made by the Harty brothers and rejected them entirely. 

“If the Harty brothers have had animals grazing on the property, this was without the knowledge or consent of the registered owner or his successors in Title. The assertions of the Harty brothers amount to nothing other than bare assertions,” an Inspector noted the Kavanagh’s had stated. 

The inspector noted Martin Kavanagh and Caroline Kavanagh wish to secure the property from trespass by any third parties, including members of the Harty family.” 

The Inspector said “given the respective claims of the objectors, I recommend that sufficient time should be afforded to resolve the matter of title and to enable the owners to undertake works to render the dwelling structure non-derelict. It is considered, therefore, that it is appropriate to refuse the Local Authority’s application for consent to compulsorily acquire the site at Cooltederry, Portarlington, Co. Laois.” 

“In addition, I am not satisfied that the local authority has reasonably demonstrated the specific need for the lands, or that the entirety of the lands being acquired are both necessary and suitable to ensure that the lands do not continue to be a derelict site,” the Inspector stated. 

He recommended ACP refuse the application and annul it on the grounds that the newspaper advertisement was inaccurate as a decimal point was misplaced leading to an incorrect description of the land.

An Coimisiún Pleanála noted the Inspectors recommendation but decided to grant the Compulsory Purchase Order to Laois County Council on December 2, 2025.