A legal battle over a building in Valencia has ended after a High Court judge approved an order of possession in favour of the owner of a chicken depot operating on the property.

In a written ruling, Justice Eleanor Donaldson-Honeywell declared Gregory O’Neil the equitable owner of the building at Eastern Main Road, Valencia, once he pays $55,000, which is the balance owed to the estate of the property’s original owner, Aubrey Pilgrim.

She also granted O’Neil an order for possession of the property and set aside a notice to quit. Pilgrim’s estate and his brother, Albert, were also ordered to pay nominal damages for trespass of $25,000 and $28,000 in costs.

O’Neil filed the claim for possession of the property, which is on state land, after Pilgrim’s brother sought arrears of rent and profits, despite O’Neil having vacated the property when he filed his lawsuit.

Pilgrim’s brother filed a counter-claim seeking to have a sale agreement between O’Neil and Aubrey declared void. The counter-claim was dismissed.

According to the evidence in the case, filed in August 2020, Aubrey and O’Neil discussed rental of a portion of the property in late 2018, so the latter could start his own business.

Aubrey took occupation of the land in 1985 and applied for regularisation in 2000. He developed the property, filling in the swamp.

O’Neil and Aubrey became close and in March 2019, Aubrey agreed to sell O’Neil the property for $100,000, once he was allowed to remain living there until his death. The two visited a commissioner of affidavit to confirm the terms of their sale agreement and also went to the Land Settlement Agency and the state utility companies to pursue change of ownership arrangements.

The written sale agreement was prepared and signed in April 2019. An initial payment of $55,000 was to be made with the remainder paid in parts.

O’Neil assisted Aubrey when the latter fell ill and also assisted Aubrey in suctioning mucus from his throat after he returned from the hospital. In 2020,

O’Neil received a rent-owed invoice for $30,000, a receipt for rent arrears for $45,000 and a notice to quit. He then locked out of entering Aubrey’s quarters and lost access to the water tanks and pumps he installed for his business.

He also said he always intended to pay the balance for the property and offered to do so in July and August 2020.

Aubrey died at hospital in April 2021.

In her ruling, Donaldson-Honeywell said there was no dispute over the initial rental agreement.

She pointed to inconsistencies in the defendants’ evidence on this issue.

On the sale agreement, the judge said while the defendants proved the relationship between O’Neil and Aubrey was one of influence (companionship and services), there was no “first-hand evidence” of “actual influence” by the former over the latter.

“The nature of the relationship was consistent with a very close companionship. On both sides, there was evidence of parties speaking to an uncle/nephew type relationship.”

She also said the agreement could not be set