Kennys maintained disputed land as ‘nature reserve’, court hears
Mr Kenny also claims his neighbour Gerard Charlton physically assaulted him by slamming the garden gate of Gorse Hill onto Mr Kenny’s arm during an alleged incident in July 2006.
The Kennys also claim that, on January 3, 2007, while they were away on holidays, Mr Charlton and his son-in-law Corry McMahon had rushed through gates leading to the Gorse Hill property as they were being opened by a female caretaker for the Kennys and then pulled down bird boxes and bird feeders. The caretaker ran into the Kennys’ home in fear for her safety and called the gardaí but before the gardaí arrived, Mr Charlton and Mr McMahon climbed over the gates and went away, it is claimed.
The Kennys contend they have acquired a leasehold interest in Gorse Hill, meaning the land has no value for development purposes and that was why the Kennys wanted the dispute between them and their neighbours, Gerard and Maeve Charlton, over ownership of the lands in the Circuit Court, Brian O’Moore SC for the couple said.
The Charltons claim they are the rightful owners and they never abandoned the land, which is a requirement to establish squatters’ rights, said Eoghan Fitzsimons SC, counsel for the Charltons.
Mr Fitzsimons remarked the Kennys were also seeking “unlimited damages” for alleged breaches of rights.
Mr Fitzsimons went through the title deeds of the Charltons’ property, Maple Tree House, which they bought in 1971.
The deeds show ownership of Maple Tree House was assigned to the Charltons in November 1971 and this included an area known as Quarryfield, part of which is the Gorse Hill land.
The Charltons bought it from the renowned postcard photographer, John Hinde.
It was clear from the title deeds, Mr Fitzsimons said, that apart from the assignment of Gorse Hill to the Charltons that the Kennys also had to obtain permission from the Charltons for the right of way into the Anchorage.
The Kennys claim they have asserted sole and exclusive possession of the lands since 1991 adverse to any alleged interests or title of any other persons.
They claim they have used and continue to use part of Gorse Hill as a nature reserve for foxes, badgers and wild birds, installing bird feeders and a water bath, and cutting back the summer growth annually after the foxes and badgers have cubbed and the birds have finished nesting.
They say they also had all of the trees pruned, replaced wire fencing, installed lighting to provide “decorative illumination at night”, planted climbers, ferns, small flowers and stored firewood and bags of compost on it.
They deny the Charltons acquired the alleged or any leasehold interest in the Gorse Hill property, whether in 1971 or otherwise, and deny the Charltons purchased the fee simple interest in the property in 1992. They also deny the Charltons’ children or grandchildren played on the property at any time since the Kennys bought their home, the Anchorage, in 1988. They also deny that, after purchasing the Anchorage, the Charltons showed the Kennys any title documents to Gorse Hill.
They also deny Mr Kenny had requested the Charltons to sell Gorse Hill to him or that he sought and obtained the Charltons’ consent to a new pedestrian gate allowing access to the Gorse Hill property. Other claims by the Charltons that the Kennys did not seek their consent for an electronic digicode keypad for the gate, or refused to provide the code, are also denied.
The Kennys claim Mr Charlton and his son-in-law trespassed on the Gorse Hill property on July 27, 2006. They deny any threatening or offensive behaviour by them towards Mr Charlton or his son-in-law on that occasion and contend Mr Kenny was assaulted by Mr Charlton and that both Mr Charlton and Mr McMahon behaved threateningly and abusively.
The hearing over the dispute between the two families over ownership of the 0.2 acre plot said to have a value of between €1 million and €2m continues tomorrow.
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