Equestrian centre takes Ashford Castle owners to court in right-of-way case

An equestrian centre owner has brought High Court proceedings aimed at preventing the owners of Ashford Castle from blocking what he claims is a right of way through the estate allowing access to his property.

Mr Timothy Clesham, the owner the Ashford Equestrian Centre claims his business has being damaged because the owners of Ashford Castle have by locking a gate on the Estate close to the Castle, have blocked the normal route leading to and from the centre.

He claims he acquired a right of way over the route, which is used by him his family, his employees and customers of the equestrian centre some 20 years ago.

Today lawyers acting for Mr Clesham served notice to the High Court to bring proceedings against Ashford Castle Estate Ltd and Ashford Castle Properties Ltd - the owners of Ashford Castle Estate - from obstructing a right of way which it is claimed is essential to the operation of Mr Clesham's business.

Mr Clesham, of Caherduff, The Neale, Co Mayo is also seeking an injunction requiring the defendants to remove all obstructions barriers and gates obstructing him or any other person seeking access to his property from using the claimed right of way.

Mr Justice Roderick Murphy granted Mr Clesham short service, on an ex parte basis, to bring a motion seeking injunctions restraining the defendants from blocking, obstructing or restricting a right of created by a deed of conveyance entered into between him and Coillte

The Judge made the matter returnable before a sitting of the High Court early next week.

Paul Coughlan Bl for Mr Clesham said his client purchased the lands where he operates an equestrian centre more than 20 years ago.

Counsel added Mr Clesham obtained a deed of conveyance that allows his cross lands on onto the main road through a gate, close to Ashford Castle, operated and maintained by the defendants.

While an alternative route allowing access to and from the centre exists he says it is longer, more circuitous and other parties have found it difficult to use, counsel added.

In an affidavit Mr Clesham said the gate on the estate was left open for many years. The first time he believes it was shut was during the summer when Prince Albert of Monaco visited the castle, and during "the Quiet Man" festival in August.

He said he was then given assurances by hotel management that the shutting of the gate would be a temporary measure.

However Mr Clesham says he was subsequently informed the gate was going to be kept shut and that a gateman would open it for them if they needed to go through.

From that point on Mr Clesham said Ashford Castle "operated a policy of permitting security and other staff at Ashford Castle to decide arbitrarily whether somebody can enter or leave the equestrian centre via the route".

There have been a number of incidents he added that he, his family, and users of the centre have been forced to wait for some time before the gate is opened. He says Ashford Castle have no right to do this "given the clear and explicit terms of the right of way".

Mr Clesham added that he wanted to revolve the issue as he "did not want to fall out with the operators of Ashford Castle", as guests of the castle have used his centre, but his efforts have proven "fruitless".

He said he had "no alternative" other than to commence the proceedings against the Castle as figures showed the number using his business had been reduced.