A farmer has claimed before the High Court that he has been subjected to an alleged campaign of psychological abuse by his mother, who it is alleged refuses to vacate a property that was willed to him by his grandmother.
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 an 85-acre farm with a large dwelling house at Ballyduff, Thomastown, Co Kilkenny.
Mr Thomas (33) claims he is the owner of the property, which has been his family home for many years and is operated by his mother as a guesthouse.
He claims that due to the alleged "persistent deceitful and violent conduct" of the defendant, no personal relationship exists between Mr Thomas and his mother.
He said his lawyers advised him last year that the property had been legally transferred to him in 2010, but claims this fact was hidden from him by his mother.
After he raised this issue with his mother, she allegedly became violent and his continued presence in the property became "untenable".
He now claims that he has been excluded from his home, where he had lived for many years, by his mother. He claims he currently does not have anywhere else to live and has been staying with his aunt, on an interim basis.
Alleged attack
In a sworn statement, he alleged that last November his mother "physically attacked" him, requiring the intervention of Gardáí, who he claims have told him that it is unsafe to attempt to enter "his own home".
He also claims his mother has made false allegations against him.
He alleges that she will not deliver the property to him and that she has told one person that she will "burn the place down" rather than let him back into the property.
He claims his mother's treatment of him included "kicking him out of his bedroom" into an unused sitting room when the bedroom was needed for guests.
It is also alleged that at times she excluded him from using any of the house's washing or sanitary facilities.
Mr Thomas claims the property at Ballyduff was willed to him and his sister by their late grandmother, Barbara Thomas, in 1993. Mr Thomas' father, Peter Thomas, had 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 the defendant by her late husband.
The Ballyduff property was owned by Barabara Thomas, who in her will directed that the property be held in trust for David and his sister, Rachel. Their mother was one of several trustees appointed to the property.
It is claimed that the late Barbara Thomas did not want the defendant to have any beneficial interest in the Ballyduff property.
Mr Thomas claims that in 2010 that the trustees, by way of deeds of appointment, transferred the interest in the Ballyduff property to him.
He claims that his mother withheld the true meaning of that transfer from him, and represented to him that the transfer was not complete. He also alleges that since then his mother remained in control of the property and continued to manage and run the farm.
It is also claimed that she benefited from the profits, grants, entitlements and income generated from that property, except for "the occasional pocket money".
He claims that during that time he had unrestricted access to the property and helped on the farm.
Order
In 2022, Mr Thomas claims he sought legal advice about his grandmother's trust, and discovered that the property had been transferred to him in 2010.
After he raised this with his mother, he claims she became highly aggressive and confrontational towards him, resulting in him having to leave the house late last year.
Arising out of his mother's refusal to hand up possession of the property, which it is claimed she has no legal entitlement to, Mr Thomas has brought legal proceedings against her.
In his action, Mr Thomas seeks an order granting him possession of the dwelling house and the farm.
He also wants the court to direct the County Register 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 the plaintiff or the property.
The case was briefly mentioned before Ms Justice Eileen Roberts on Friday.
The judge, on an ex-parte basis, granted Mr Thomas' lawyers permission to serve short notice of the injunction application on the defendant.
The matter was adjourned to a date later this month.
By High Court reporters
