A court has told a farmer and engineer that he left it too late to start legal proceedings on claims that his neighbour had "promised" him land.

The Co. Cavan based farmer and engineer had challenged an earlier court ruling that set out that any action against the estate of a person must be brought "no later than two years from the date of death".

In this case the Co. Cavan farmer had filed a counterclaim - 3 years and 6 months after the deceased died - arguing that he was entitled to the estate because of promises made to him.

The legal action related to the estate of Joe Elliot, the Co. Cavan farmer's former neighbour and friend who died on August 3, 2020.

The farmer had argued that "he was entitled to the estate because of promises allegedly made to him by the deceased".

He appealed the decision of one court to the Court of Appeal and pleaded that in relation to his former neighbour he had "acted to his detriment by providing financial assistance and assistance in the day to day running of the farm for over 15 years".

The Co. Cavan farmer also pleaded that this assistance "included physical labour, preparation and execution of all Department of Agriculture documents and mart paperwork".

He outlined that he also had "daily interaction" with Joe Elliott inhis home and had assisted him "where and when required".

Funeral

The Co. Cavan farmer was told at Joe Elliot's funeral that the lands had been left to the three children of a couple that Elliot had lodged with.

The farmer had been left a sum of €5,000 and was also named as a joint executor of Joe Elliot's estate.

After the funeral, the farmer wrote a letter to the solicitor for the estate on December 10, 2020 "asserting that the deceased had promised him the land, that the deceased had benefitted from" his family’s labour and service for over 50 years, and that a substantial claim would be made against the estate.

Court

The other executor moved to remove the farmer as joint executor of the estate and he in turn pleaded an "inter alia proprietary estoppel" which is a legal claim - which prevents someone going back on a promise.

The court had ruled that "the material facts relied upon were the alleged assurances and representations made by the deceased during his lifetime and the deceased’s failure to give effect to them".

It also determined that the Co. Cavan farmer's counterclaim was "time barred" - out of time.

The Court of Appeal upheld this decision and dismissed the appeal by the farmer.