Dispute between mother and son over ‘ongoing occupation’ of Co Kilkenny property to be mediated

A dispute between a mother and son over a Co Kilkenny-based property that includes a guesthouse and 85 acres of land is to go to mediation, the High Court has heard.

David Thomas has sued his mother Breda Thomas, who he describes as being “a very controlling individual”, over what he claims is her unlawful ongoing occupation and use of the farm and large dwelling house at Ballyduff, Thomastown. The claims are fully denied.

Mr Thomas (33), who has worked in the horseracing industry, claims he is the owner of the property and it is operated by his mother as a guesthouse. He claims the property was left to him in a will by his late grandmother and was kept in trust for him and his sister.

He said his lawyers last year advised him the property had been legally transferred to him in 2010, but claims this fact was hidden from him by his mother. After confronting his mother about this, he claims, their relationship broke down.

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No resentment

Ms Thomas denies her son’s allegations and says she does not have any resentment against him. Despite everything that has occurred between them, she “loves and cherishes” him, she says. She says she did not assault or psychologically abuse her son as he has alleged.

She rejects his claim that he was forced to move out of Ballyduff or moved when the room he was staying in was needed for guests. He had been facilitated in comfortable accommodation in a part of the property known as the “castle” and would be welcome back to Ballyduff, she claims.

Ms Thomas said she has never deceived him and was greatly shocked that he would bring her to court. She accepted the property at Ballyduff was left to her son and his sister by their late grandmother Barbara Thomas in 1993. She said her husband, Mr Thomas’s father, Peter Thomas, died some years earlier.

It is claimed that a life interest in another farm and house, located a mile from the Ballyduff property, was left to her by her late husband. Ms Thomas says the house on that property is no longer habitable. She says she has lived in Ballyduff for her entire married life and has nowhere else to go.

She claims it was always understood that she would remain there and has spent many years and much expense building up the guesthouse business and running the farm.

When the matter returned before Mr Justice Brian O’Moore on Monday, David Kennedy SC, for Ms Thomas, said that, following out-of-court discussions, the parties agreed the dispute could go to mediation. The judge agreed to adjourn the case.

In his action, Mr Thomas seeks an order granting him possession of the dwelling house and the farm.

Unjust enrichment

He also wants the court to direct the county registrar for Co Kilkenny to execute documentation that would result in Mr Thomas’ legal interest in the property being registered with the Property Registration Authority. He further seeks damages against his mother for alleged trespass, breach of duty, and alleged unjust enrichment.

As part of his proceedings, Mr Thomas also seeks an injunction restraining his mother from trespassing on the property, as well as an order preventing his mother from watching and besetting him or the property. He claims that due to the alleged “persistent deceitful and violent conduct” of his mother, no personal relationship exists between them.

After he raised this issue with his mother, she became violent and his continued presence in the property became “untenable”, he claims. He alleges his mother has excluded him from his home where he lived for many years.

He claims he currently does not have anywhere else to live and has been staying with his aunt on an interim basis.

The claims are fully denied.