Ferns farm could again be a landmark case

On Monday night, brothers Michael and John Kinsella sought the support of the Wexford IFA executive in their fight to prevent the disputed repossession and sale of their land in Lodgewood, Ferns.

The situation is stark, but its roots go back over a decade.

In July 2007, 237 acres of good-quality land was sold for €7.8m – almost €33,000 an acre. It seems a staggering price today, and it was a keen price even at the height of the Celtic Tiger boom. The purchasers were Wexford GAA and a local farmer, Frank Brownrigg.

Mr Brownrigg purchased 152 acres for a total of €5.9m. The GAA bought the remainder for €1.9m to build a centre of excellence. Unfortunately, Mr Brownrigg was unable to sell other lands to fund his deal, which was revoked.

Mr Brownrigg lost his deposit of over half a million euro. In 2013, he successfully sued two auctioneers who had valued the land he intended to sell, totalling 46 acres near the town of Enniscorthy, with valuations ranging from €7m to €11m. They were each ordered to pay Mr Brownrigg one-quarter of the lost deposit, halving his losses. It’s unknown if Mr Brownrigg has ever received any or all of the €295,000 he was awarded.

The land, meanwhile, was resold in May 2008. The GAA bought it all, and retained the 78 acres nearest to the village of Ferns for a net €2.95m. The Kinsellas purchased the remaining 158 acres.

The Kinsellas, like many farmers, found themselves with significant debts and assets whose value had diminished as the economy crashed. Friends First, their lender, sold the loan to Emberton Finance. The Kinsellas say the loan was sold for a fraction of its value, and around a third of what they had offered as a full and final settlement.

The Kinsellas are being pursued for the full amount by Emberton Finance, which has sought a summary judgement for €4.5m. Huge sums of money are being swallowed up in legal proceedings, and a receiver is trying to sell the land which the Kinsellas continue to farm. There was a stand-off in the spring when a contractor – operating on behalf of either the receiver or a farmer with the receiver’s consent – attempted to till the lands. The Kinsellas certainly did not consent, and planted the lands themselves subsequently.

The IFA’s policy is that there should be no forced sale of farming assets which undermine the viability of the family farm, where the farmer has meaningfully engaged to find a workable solution. It also holds that full and final agreement should be reached between loan owner and borrower prior to the disposal of any assets. The Kinsellas say they have at all times wanted to negotiate an acceptable full settlement.