Judge puts stay on eviction order
An Arklow man faced with eviction had a last minute reprieve when Judge Michael O'Shea put a stay on an order of ejectment from the home in which he has lived for many years.
Dermot Ivers, 1 Rory O'Connor Place, made an application before Judge O'Shea to prevent EBS Building Society and John Paul Jackson from ejecting him from the house in order to take possession.
Acting for Ivers, Sinead Glesson, BL, said Ivers lived in the house since he was three years old. His parents sold the home in 1999 to John Paul Jackson and Ms. Gleeson said she believed that Mr. Jackson has defaulted on his mortgage to the EBS and said she had been unable to contact him or had the EBS. 'He seems to be a non-person', she said adding there was a difficulty with service.
Ms. Gleeson said after Mr. Ivers' parents sold the house in 1999 they continued to reside in it until June 2010 as did Dermot Ivers. His parents moved out in June 2010 and he continued to live there alone.
On June 18, 2014 a letter addressed to The Occupant, 1 Rory O'Connor Place, Arklow, arrived and it contained an ejectment order for possession. Ms. Gleeson said Mr. Ivers 'was a complete stranger to any proceedings leading up to that and was never served with any proceedings'. She said he had spent €27,300 re-roofing the house and carrying out general maintenance, keeping the house in good habitable condition.
She said Mr. Ivers was seeking adverse possession or beneficial owner status. She said at all times he was available to the EBS adding that the interim injunction was being made to stop the EBS and the Sheriff's Office from taking any steps to effect possession. She said she was also seeking a date for an interlocutory hearing.
Ms. Gleeson said that, as an occupant of the house, Mr. Ivers should have been served with proceedings but this had not occurred. She said the matter was causing grave concern to Mr. Ivers as 'the sheriff's office has been instructed and execution (of the ejectment order) is imminent.
Judge O'Shea put a stay on order of execution of ejectment until a future order of the court. The matter will come before the court again tomorrow (Thursday).