Permanent ban on farmer accessing his former lands to remain in place

High Court Reporters

A permanent ban is to remain in place, restraining a Tipperary farmer from entering lands that had been in his family for decades but were sold by receivers in 2022 for €1.5 million to a US-based businessman, Maurice Regan.

Farmer Patrick Heffernan had his application dismissed after he asked for an extension of time to appeal a ruling by the Circuit Court in Tipperary barring him from attending or trespassing on the 83 hectares of land.

The application came before the Civil Court of Appeal after Mr Heffernan challenged an order of the Deputy Master made in October 2025, refusing to extend time for a notice of appeal.

At the High Court on Friday, Justice Eileen Roberts said the Circuit Court order in January 2025 was made on an unopposed basis in the absence of Heffernan, who resides next to the lands near Fethard, Co Tipperary.

Justice Roberts said Mr Heffernan had mortgaged the land to AIB Bank and ACC Bank to secure borrowings.

The AIB mortgage was assigned to Everyday Finance DAC, while the ACC mortgage was assigned to Pepper Finance Ireland DAC for the purposes of their sale, which was finalised for €1.5 million in June 2022.

Regan then requested that Heffernan remove his cattle and poultry from the lands, but Heffernan did not do so and "serious difficulties" emerged between the two, the court said.

Justice Roberts said Mr Regan issued proceedings against Mr Heffernan and secured an order in January 2025 restraining the defendant from "entering onto or trespassing on the lands and from taking steps to remove, damage or interfere with locks and signage on the entrances to the lands, or placing impediments or obstacles to interfere with the plaintiff's access to the lands."

Justice Roberts said Mr Heffernan's actions resulted in an intervention by gardaí, the making of an order for attachment and committal against Mr Heffernan and his prosecution if he continued to trespass.

Since the sale, Mr Heffernan has placed signs on the property, was twice convicted of criminal damage after cutting locks and chains, and has once been convicted of taking CCTV cameras. He spent 87 days in prison after refusing to take up bail, while awaiting trial, as a condition of bail was that he stay away from the farm.

Giving evidence in the Circuit Court case, Mr Regan claimed Mr Heffernan's behaviour had “put people’s lives in danger” and that he was concerned that if something didn't happen, "he [Mr Heffernan] is going to kill someone or injure someone severely".

Heffernan claimed that the receivers had no entitlement to sell the lands and that there was not a valid deed of their appointment.

He further claimed there was no evidence of any debt, and that the transaction was an alleged "fraud" committed on the Revenue.

He also claimed the lands were valued at around €3.5 million, making it a matter the Circuit Court had no jurisdiction to hear.

In dismissing Mr Heffernan's request for an extension of time to appeal the order, the judge said the original order was made in open court on January 23, 2025 and that the defendant was required to bring any appeal by February 2025 but failed to issue his notice of motion to extend time until April 24th.

Justice Roberts said that she was satisfied that Mr Heffernan had "likely" formed an intention to appeal, but there had been no "mistake" as to why it did not materialise.

The judge said Heffernan claimed he wanted to obtain the Circuit Court DAR, but in the process of doing so, "forgot" about the 28-day time limit.

This, she said, meant he had been made aware of the timeline required, otherwise he could not have forgotten about it.

Justice Roberts said she was satisfied there had been no breach of fair procedures, as claimed, and that the Circuit Court took care to ensure it had jurisdiction and that Mr Heffernan had been notified ahead of the hearing by prepaid post.

She said the market price paid by Mr Regan was for lands without vacant possession and that the sale figure of €1.5 million came "well within" the Circuit Court jurisdiction.

Justice Roberts said Heffernan had been "entirely unsuccessful" in his application to extend time, which was motioned 63 days after the time to appeal expired, and then ordered costs against him.