A dispute between neighbouring landowners over where the boundary of their properties lies is holding up the construction of a 74-house development in north Dublin, the High Court has heard.
As a result of the row, a partnership of businesspeople comprising Fintan Price, Frank Wilson, Tom Phelan, Bernard Carroll and Laurance Schwer have sued Camillus Archer, who is a market gardener farmer and owns a farm beside the partnership’s lands, and his son, Derek Archer. The partnership members want to start constructing the houses on lands at Rush, Co Dublin.
The partnership seeks court orders including an injunction restraining Mr Archer snr, of Sandyhills, South Shore Road, Rush, Co Dublin, and his son, also of Sandyhills, from trespassing on the property or from interfering with the intended construction works due to be carried out on the lands.
The partnership claims Mr Archer snr is disputing the location of boundaries between his lands and the partnership’s lands.
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The matter was urgent as the row was holding up work on the housing development, the partnership’s barrister, David Geoghegan, told the court.
The partnership claims that earlier this year the Archers entered the partnership’s property and erected concrete poles in places the Archers claim the boundary lies and deposited steel waste on the partnership’s lands.
In late June, counsel said, agents working for the partnership went on its lands to mark out the boundary between the two properties. This was done as part of the planned construction works on the lands.
The agents were working off a 2015 map, which was submitted to the Land Registry to clarify the correct boundary between the properties, which it is claimed marks out the boundary between the properties and was signed by Mr Archer snr.
While doing this work the defendants arrived on the site and removed the marker poles, the partnership claims.
It is claimed that Mr Archer snr told the partnership’s agents that the boundary was not being marked out correctly and said his signature on the 2015 map was a forgery.
The Archers also objected strongly to the works being carried out, it is alleged.
It is claimed that the partnership’s agents were also verbally abused by the defendants.
Gardaí were called and they determined that the dispute was a civil matter but asked the partnership’s agents to stop the works in order to avoid a civil disturbance.
Counsel said attempts were made between the parties to resolve the dispute but they were unsuccessful.
The Archers have denied all allegations of wrongdoing against them including that they have trespassed on the lands.
Counsel said some of the partnership’s members were previously in dispute with Mr Archer snr regarding the boundary of other lands.
The partnership says it wants to start works on the new houses immediately and has been left with no option but to seek orders from the court.
The matter came before Ms Justice Siobhán Stack on Wednesday. The judge, on an ex parte basis, granted the partnership permission to serve short notice of the injunction application on the Archers.
The matter will return before the court next week.
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