A dispute between neighbours over a right-of-way in a laneway has held up a multimillion euro plan for eight homes at the rear of three houses on Merrion Road, Dublin, the High Court has heard.
Pamelia Smyth, who owns "Haylands" in Shrewsbury Park at the back of Merrion Road, is seeking a declaration from the court that she is entitled to a right-of-way over the laneway.
Ms Smyth, who lives in the Ward in Co Meath, is not participating in the case but her brother-in-law Liam Smyth, once one of Dublin's boom-era property developers and who lives in Haylands, has asserted he uses the right-of-way.
He has denied he sought that one of the eight houses – estimated to be worth €2 million – be dropped or else compensation be paid for the loss of the right-of-way.
Ms Smyth's action is against solicitor Laurence Fenelon and his wife, Lorraine Thornton, who live in one of the three properties where Seabren Developments Ltd have got planning permission for eight three-storey four-bed houses with front roof terraces in the rear gardens of numbers 120, 122 and 124 Merrion Road.
The court heard Mr Fenelon and his wife got €1.6 million for the sale of their land.
The court also heard that the defendants had accepted the Smyths enjoyed a right of way in order to access the rear of Haylands but not over the entire laneway.
Mr Smyth argued he had enjoyed a right of way through the laneway until a new development was built at the end of it and the access was later blocked up.
His sister-in-law never surrendered the right to use the laneway, he said. The court heard an initial application for an order that the wall across the laneway be taken down had been dropped in the case.
However, it was also argued, the right-of-way was clear and Mr Smyth was entitled to travel over every part of the laneway.
'Strange welcoming'
One of the former owners of one of the other three properties where the mews houses are to be developed, Eamon Cox, told the court that Mr Smyth sought a payment of €100,000 for each of the eight new houses or "they would not be built." That claim was denied by the Smyth side.
Mr Fenelon said that shortly after he moved into his home, Mr Smyth approached him, "grabbed me by the elbow" and said he used to be worth €200 million but was bankrupted and that if he (Fenelon) ever wanted to develop the rear of his property and use the laneway that he (Smyth) would have to be paid €200,000.
"I found that a very strange welcoming", Mr Fenelon said.
Mr Fenelon said Mr Smyth started dumping on the laneway by leaving skip bags with waste in them on it which had to be removed by him and his neighbour.
On one occasion, a car was parked in front of an unlocked gate to the laneway and as a result a gardener carrying out work in Mr Fenelon's back garden was unable to get his vehicle out, he said.
Mr Fenelon said he called gardaí and while they were at the laneway Mr Smyth arrived.
He said as a result of Mr Smyth becoming "cheeky" and disrespectful to a garda, the officer threatened to arrest him, not because Mr Smyth was on the laneway which Mr Fenelon told the officers he owned.
Mr Fenelon said he put a lock on the gate to stop the illegal dumping but removed it within three weeks.
Under cross-examination, Mr Fenlon said he got €1.6 million for his property and also had been indemnified by Seabren Developments against third party claims over the laneway.
In submissions to Mr Justice Oisín Quinn, Esmonde Keane SC, with Angus Buttanshaw BL, instructed by McMullin Solicitors, argued the right-of-way enjoyed by his client was clear from the deeds attaching to the properties.
James Dwyer SC, with David Dodd BL, instructed by John Woodcock of Woodcock Solicitors, said the claim was simply a device to try to extract payment from the developers of the eight houses. It should be dismissed by the court, he said.
Mr Justice Quinn reserved judgment.
