Areas of Expertise
The following is a summary of our collective areas of expertise. If the specific area you require advise on is not listed, please contact us and we will happily assist you.
Solving Legal Problems
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LITIGATION RELATING TO
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At Ernest J. Cantillon & Co., our land law team will work with you in establishing what options are available to you (both within and outside the remit of the courts) to solving your land law problems.
Litigation in relation to land can arise in a number of situations.
Breach of contract can give rise to a claim for specific performance and a case claiming for damages (compensation for the wrongdoing). Specific performance is a court case which seeks to force the party in breach of his obligations to live up to them and fulfil the contract.
Trespass (coming onto someone’s land without permission/invitation) can give rise to claims for damages, injunctions (court order forcing the trespasser to, for example cease and desist) or other such relief.
Adverse Possession (colloquially known as “squatters rights”) is another area which may affect one’s title to one’s land, if the appropriate steps are not taken to protect it.
Compulsory Purchase Orders and other planning matters (where the State purchases your land in order to develop roads & infrastructure) can give rise to difficulties which may require a Judicial review of the decision to compulsorily purchase (Judicial review is the Courts review of the law applicable to the State’s decision and whether or not it is legally null & void). In other words, you may seek an Order of the High Court quashing (reversing) a decision of a planning authority or An Bord Pleanala.
Mortgage suits, applications for orders for possession and sale on foot of defaulting mortgages are other broad areas of litigation which affect land and the the owner’s title to it.
We are experienced listeners, we ask the right questions and we give clear & thoughtful advice as to whether a case should be pursued in the courts or with another relevant tribunal (for example an appeal to An Bord Pleanala). We work hard to protect our client’s interests.