A couple have been allowed to buy their 300-year-old Co Donegal cottage house after living in it rent-free for 16 years.
Malachy and Lorraine Eastwood agreed a deal to buy the run-down cottage in Ardara in 1998 for £10,000 from businesswoman Suzanne Rafferty.
Despite moving into the home and spending up to €50,000 renovating it, the sale of the home was never formalised.
Ms Rafferty took the Eastwoods to court claiming the contract was not valid and sought damages. Ms Rafferty claimed the Eastwoods never paid rent and excluded her from the property.
Peter Nolan, barrister for the Eastwoods, told Letterkenny Civil Circuit Court his clients had tried their utmost to complete the sale over the years.
He said part of the deal was Ms Rafferty would also seek a section 49 application for adverse possession of some lands around the cottage.
He produced a series of letters from his client’s legal team to Ms Rafferty and her legal team asking for her to complete the sale including the section 49 application.
Diamond ring
It was agreed in court that the Eastwoods had paid a sum of £3,000 for the contents of the house as well as a £1,000 deposit.
Ms Rafferty said she also gave Mrs Eastwood a diamond ring as part of the deal but this was denied by the defendants who said they had never seen a diamond ring.
Mr Nolan said the reality of the situation was one borne out of greed on behalf of Ms Rafferty. He claimed that despite agreeing £10,000 for the cottage at Sandfield, Ardara, its value had increased substantially during the Celtic Tiger years.
Judge Mary Faherty said she was satisfied the Eastwoods had tried to complete the sale of the cottage through their legal team.
She agreed with their barrister Mr Nolan that they were “ready, willing and able” to pay the amount agreed in 1998.
She found in favour of the defendants for the original price of £10,000 (€12,700) minus the deposit and allowed one month for the balance to be paid.