Tony Starks is interested in purchasing a farmhouse in Co. Mayo from Stephen Rogers. The farmhouse is located at 1234 Avenger Lane and consists of 8 acres of land. Tony is particularly interested in the land, as it is valued at €700,000 which is below the market rate. Similar properties in the area have an average asking price of €800,000. Tony placed a formal offer on the property on 12th August 2022, which was accepted on 28th August 2022.
Tony paid a 10% deposit on 30th August after the acceptance was made. Tony does not have a solicitor but has done an introduction to land law and a conveyancing certificate in his spare time. He feels confident in what to do and decides to take a look at the Folio of 1234 Avenger Lane on 7th September 2022. Whilst looking at this Folio, Tony sees that both Stephen Rogers and Margaret Rogers are registered as full owners of the property.
Tony asks Stephen the next day about Margaret being listed on the folio. Stephen states that Margaret used to be his wife, but they were divorced in 2021, and haven’t had a chance to update the registry. Stephen continues that it was a messy divorce, sent over the edge by covid and that at one point Margaret had offered to buy out Stephen’s share of the house as part of the divorce, but ultimately he bought her share out. This was formalized as part of the separation agreement dated 16th April 2021, and he can provide Tony with a copy if needed.
He also says that he would be happy to sign a statutory declaration to that effect. Tony arranges a visit to the farm to inspect it with his engineer on 28th September and meets a woman called Margaret who appears to be moving some boxes out from the farmhouse. Tony introduces himself to Margaret and strikes up a conversation with her. He doesn’t directly ask her about the farmhouse, but Margaret ends up telling Tony that she used to be married to Stephen, that they were separated and she was picking up the last of her belongings.
She mentions that she had recently sent a letter to Stephen through her solicitor, trying to buy the house back after seeing that it was on the market and that it was a great property in an excellent location. Margaret makes a comment about the divorce being so close to being finalized, but Tony isn’t sure exactly what Margaret said on this, as she was getting into her car at the same time. On 4th October 2022, Tony paid the balance of the purchase money to Stephen. On the same day, as a precaution, Tony writes to Margaret asking for her written consent to the sale by her husband in the event that they were still married.
To his surprise, Tony receives a letter from Margaret on 19th October 2022 claiming that she still has an entitlement to the land and that she will not give her consent to the sale of the house. Tony employs a solicitor on 20th October 2022 and seeks a summons in the High Court seeking an order dispensing with Margaret’s consent. Margaret is now claiming that she had given a deposit to Stephen back on 27th September 2022 and that as the parties were still legally married that she had a right to the home, despite having not lived there since April 2021.
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