Kenny bought land to stop building on scrubland, court told

Chat show host Pat Kenny paid €5,000 for a special lease on a patch of disputed scrubland to stop his elderly neighbour building on it, the High Court heard today.

After years of bad blood between the millionaire RTÉ presenter and semi-retired solicitor Gerard Charlton, Kenny bought the deed in June last year.

The surprise deal may have slashed the market price of the rocky outcrop, known as Gorse Hill, initially valued at €2m.

Even though 73-year-old Mr Charlton bought the land beside his Dalkey home in 1971, Kenny now has the power to stop him building on it.

The presenter’s lawyer Brian O’Moore SC told the Dublin court it was a significant deal which had damaged Gorse Hill’s development potential.

“If I can acquire immediate leasehold interest over the land it can’t be worth €2m, or anything like it,” the barrister said.

The court was told Kenny strenuously denies abusing and threatening Mr Charlton as the land row worsened and the pair squared up in the broadcaster’s back garden.

After moving to Dalkey in 1988 Kenny pursued almost 20 years of repeated but failed attempts to buy the quarter acre which backs on to his house.

The dispute ultimately came to a head in July 2006 after Kenny blocked access to Gorse Hill with a locked electronic gate and Mr Charlton attempted to get to it through the presenter’s garden.

The 'Late Late Show' host has been accused of raising his fists to Mr Charlton as the pair squared up but in papers filed with the court he denies physically threatening the pensioner or using menacing or abusive behaviour.

In claims read to the court today Kenny made no reference to the raised fists allegation but repeated claims he was assaulted when he blocked Mr Charlton and the gate was slammed on his wrist.

Gardaí did not take any action over the alleged attack.

The broadcaster first moved to the area in 1988 and despite years of firm friendship with his neighbours, relations have been damaged beyond repair.

Both men claim they are the rightful owners of Gorse Hill, with Mr Charlton insisting he has a title deed from 1971 setting out three sections of land he bought.

In the document it is claimed the Charltons were assigned title to their home Maple Tree House, Gorse Hill and to a sliver of land for access to the outcrop.

Mr Charlton’s lawyer Eoghan Fitzsimons SC claimed Kenny would have been given details of the deed when he bought his home, The Anchorage, and land next door.

Mr Fitzsimons said: “When Mr Kenny acquired The Anchorage and the plot of land ... he knew that he had no title to the sliver of land and obviously there is no question of Gorse Hill being assigned to him.”

Kenny insists he took possession of the hill in 1991 and has squatter’s rights, while Mr Charlton insists Gorse Hill is listed on title deeds, originally known as Quarry Field.

Mr O’Moore said the lease Kenny bought last year secured a power of veto over construction on the site.

Mr Fitzsimons said he was mystified by the lease and the document is being examined in further detail by both legal teams.

The hearing continues on Friday.