Brothers claiming squatters rights on site Laois County Council seeks to aquire

Two brothers are claiming squatters rights on a property which Laois County Council are attempting to acquire under the Derelict Site Act.

The Council has applied to An Coimisiún Pleanála to acquire the property and land at Cooltederry, Portarlington. The site is registered to the late William Kavanagh.

“The property was identified as being derelict under the provisions of Section 3 of the Derelict Sites Act. Inspections of the property were carried out by the Planning Authority, at which time it was observed that its unsightly appearance detracts to a material degree from the amenity, character and appearance of the area. The registered owner per Folio LS17280 is a William Kavanagh, who is deceased,” the Council stated.

However, Edward and Johnny Harty objected to the proposed Compulsory Purchase Order(CPO) of the site.

“We are the sons of the late Edward Harty Snr. who claimed possession of this land over 30 years ago under squatters’ rights (adverse possession), and who maintained it until his basing 18 years ago. Since his death, we his sons have continued his occupation of the land and assert a continuation of those squatters rights. The land has been in continuous use and possession by our family for over 30 years. and we consider it an established part of our family holdings, This historical and continued use is central to our objection to any attempt to compulsorily acquire the property,” they stated.

Laois County Council said a notice was placed on the site on December 20, 2023. They said there was no contact from any interested party. A further notice was placed on the site in May of 2024, and again there was no contact from any interested party. A notice of intention to acquire the site was then posted on May 29, 2025.

“It should be noted that there was no attempt made from 14th May 2024 to 29th May 2025 to clean up the site or dwelling thereon,” the Council stated.

They said: “An objection letter to the proposed CPO was received on the 20th of June 2025 from Mr. Edward Harty Jnr and Mr. Johnny Harty who are claiming possession of this land under squatter’s rights and claim the site is not abandoned or neglected and has been under their care.”

Laois County Council said: “We do not believe this objection is valid. No improvement works have been undertaken, and the site remains derelict. It has not been maintained, and the condition of the land and structure thereon continues to be unsightly and objectionable and materially detracts from the amenity, character and appearance of land in the neighbourhood and is therefore a derelict site within the meaning of Section 3 of the Derelict Sites Act, 1990, as amended.”

“We therefore seek permission to proceed with the compulsory purchase of this site as part of active land management to achieve the objectives of compact growth and the proper planning and sustainable development of this area,” the Council stated.

The Harty brothers said: “We reject the claim that the site qualifies as derelict under Section 3 of the Derelict Sites Act 1990. While the site may not be currently developed, it has not been abandoned or neglected, it remains in our possession and under our care.”

They said they keep horses on the land and are willing to work with the Council to develop the site.

An Coimisiún Pleanála is due to make a decision on the acquisition of the land by December 2, 2025.

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