Pensioners bought at least 18 homes on property splurge

[TheNads]

I wonder if the dundons etc paid off their mortgages and would the balifs come around to evict them

Might I suggest that we arrange an EI whiparpund for the poor Kellys ?
I know that they are not the 1st to be evicted but those others are lesser people & are familiar with hardship. Mr Kelly is a man of status, he occupied a handsome property in an elitist gated community in an area that only the beautiful people can afford to live, why now should he be subjected to equal treatment to ordinary folk ?
We need to learn to treat the entitled better & not evict them over a paultry couple of million. At least our media have their priorities right, they gave Mr Kelly & his wife the appropriate air & print time people of their status deserve. Why would our hacks tell of some lower socio-economic loser who contributed nothing to our years of wealth when there's news to be had scribing about someone who contributed so well to it by embracing the Tiger properly ?
Now I'm sure it's not a question of who will pitch in but of how much we will all contribute to such a worthy cause.

[BACMAN36]

Might I suggest that we arrange an EI whiparpund for the poor Kellys ?
I know that they are not the 1st to be evicted but those others are lesser people & are familiar with hardship. Mr Kelly is a man of status, he occupied a handsome property in an elitist gated community in an area that only the beautiful people can afford to live, why now should he be subjected to equal treatment to ordinary folk ?
We need to learn to treat the entitled better & not evict them over a paultry couple of million. At least our media have their priorities right, they gave Mr Kelly & his wife the appropriate air & print time people of their status deserve. Why would our hacks tell of some lower socio-economic loser who contributed nothing to our years of wealth when there's news to be had scribing about someone who contributed so well to it by embracing the Tiger properly ?
Now I'm sure it's not a question of who will pitch in but of how much we will all contribute to such a worthy cause.

Well said, Comrade Nads.

[BACMAN36]

While I believe the couple were the victims of their own misfortune to some extent, the repossession was handled very poorly and hence why even Eamon Gilmore wants the incident looked into. Repossessions are horrific, but normally if they engage with the process or can pay anything at all the Courts are reluctant to grant the order. However they are on the rise, and it's one of the few areas of law where there's jobs at the moment - I know a newly qualified solicitor who works with one of the lenders and all the work is around getting people out of their homes. I never asked if he sleeps well at night

Does any solicitor sleep well at night?

[Banjaxed]

Well apparently in the constitution unless the home owners broke the law they guards or anyone is not allowed to go into their house to take ownership pf it

They get a Well Charging Order which grants them possession of the house. Article 40.5 which deals with the inviolability of the dwelling permits for entry on the basis of a warrant or other legal authority (a Court Order is such legal authority). The constitutional argument made in the video posted above is completely incorrect and invalid, and the issue about the County Registrar acting as Sheriff was dealt with by the High Court two years ago, who ruled that it can only occur on evictions for which happened before that case. The inviolability of the dwelling really only affects criminal cases in practice.

As I've mentioned before, if a Garda can form the belief that there are extraordinary excusing circumstances (a danger to life, or risk that evidence will be destroyed, as set out in People v O'Brien in 1965) they can enter a dwelling without warrant. So, to the ladies, a howling scream from a tormented submissive could amount to a Garda having reasonable grounds to force entry in practice (danger to life), even on foot of a report from a neighbour.

As for the curtilage (any area of property not the dwelling, such as garden), anyone can enter that legally as unless the property owner has specifically told someone you told want them their or have a sign stating no access at any time, implied permission exists for their entry. This was an issue in DPP v Forbes in 1994 when Gardai were following a drunk driver who suddenly pulled into the driveway of a house where they arrested him (on private property). He challenged the arrest on the basis that Gardai were trespassers at the time of arrest and so it was unlawful. The Court held that unless the property owner (a neighbour of the drunk driver) had intervened prior to the arrest and told the Gardai he did not want them on his property, the arrest was lawful as the Gardai had implied permission to be there.

Hence, that's how the Postman, TV license inspector, political canvassers, etc. have permission to enter the curtilage (but not the dwelling) of your property without requiring any warrant or other legal authority.

[Doozer]

But surely.in an eviction there is.no harm being committed and.unless they are burning the house down no destruction of evidence

[Doozer]

Also if.I stick a sign on my garden telling the tv.licence lads to stay off.my property they cant fine me ?

[Banjaxed]

But surely.in an eviction there is.no harm being committed and.unless they are burning the house down no destruction of evidence

It's not about crime though, that doesn't come into it. An eviction based on a Well Charging Order is an entirely civil law (Tort, Land Law, Equity, Contract, Employment Law, EU Law, Company Law, Family Law) matter which the Gardai aren't supposed to have a role in other than to prevent a public order incident, they're simply observers, hence why it was not them who used reasonable force to remove the householder.

A mortgage is a type of contract - the legal or equitable title to an interest in land (in this case a freehold interest) is transferred as security for a loan, and one of the conditions is that the loan be paid back by the due date, the mortgagor can seek his/her title (read interest/ownership) back. Though it's from a commonwealth country, it's largely the same here, two distinct legal processes operate side by side with different rules of evidence and different outcomes.


Substitute "Provincial" in the Criminal side to District Court or Circuit Court, and Supreme Court trial to High Court (Central Criminal Court) trial.

[Banjaxed]

Also if.I stick a sign on my garden telling the tv.licence lads to stay off.my property they cant fine me ?

Yes, or if you write to An Post's TV license inspection section and tell them you withdraw your implied permission for any of their inspectors to enter any part of your property they then either have to get a warrant or manage to find some statutory authority (in legislation) which would authorise them to enter. Otherwise they are trespassers ab initio (from the start) and anything they find can be declared inadmissible (usually at discretion of trial judge, if it gets that far).

[Clyde]

I wouldn't get a mortgage in the first place....

[EnglishAlex]

I wouldn't get a mortgage in the first place....

So you'd rather not own your own property or you'd prefer to save up until you had the full amount?

I hate renting, waste of money but much safer financially in this climate.

Sounds like these people just don't want to pay for their lifestyle, I'd have slung them out onto the street too. If they've got all other properties and loads of tenants, surely they have some money to pay to rent somewhere? The problem might be that they'd need to step down from their current lifestyle but ffs we all have to pay for our own upkeep.