Experts to view disputed land

TWO horticulturalists are to examine a disputed piece of land adjoining broadcaster Pat Kenny’s home in Dalkey on December 14 next the High Court was told yesterday when a request was made to have the full hearing held in April next.

The land is known as Gorse Hill and the dispute is between Pat and Cathy Kenny and their next-door- neighbours Gerard Charlton, 72, and his wife Maeve.

The Charltons claim to be the legal owners of the rocky outcrop in question. The Kennys contest the Charltons’ title and claim any title they may have had has been extinguished by adverse possession (squatters’ rights).

Mr Chartlton, a retired solicitor of Maple Trees House, Harbour Road, Dalkey, rejected the Kennys’ claim that they have squatters’ rights, which can apply where a property has been abandoned for 12 or more years.

Mr Kenny, of Bulloch Harbour, claims he locked the property 16 years ago and it has been inaccessible since.

When the case was up for mention again yesterday, counsel for the Kennys, Lyndon MacCann, said their eldest daughter is sitting exams this year and from mid to late February would be sitting mock exams and it would put an unfair burden on the family for the parents to be giving evidence at such a time.

Mr MacCann asked that a trial date be fixed for April.

Eileen Barrington, for the Charltons, said the sides had agreed that the inspection date should be December 14. Mr Justice Frank Clarke said he would be anxious to issue orders concerning case management next week and the case will then be put in for mention on January 28 next.