An equestrian centre owner has brought a High Court action alleging the owners of Ashford Castle are blocking a right of way through the estate which allows access to his property.
Timothy Clesham, of Ashford Equestrian Centre, claims his business has been damaged because a gate on the estate close to the castle has been locked, blocking the normal route leading to and from the equestrian centre. He claims he acquired a right of way about 20 years ago over that route.
Lawyers for Mr Clesham secured leave to serve short notice of their proceedings against Ashford Castle Estate Ltd and Ashford Castle Properties Ltd, owners of Ashford Castle estate, over the alleged right of way.
Mr Justice Roderick Murphy granted leave to Mr Clesham to seek injunctions early next week restraining the defendants blocking, obstructing or restricting a right of created by a deed of conveyance entered into between him and Coillte.
Mr Clesham, Caherduff, The Neale, Co Mayo is also seeking an injunction requiring the defendants to remove all obstructions to access on the alleged right of way.
Paul Coughlan, for Mr Clesham, said his client had purchased the lands from where he operates the equestrian centre more than 20 years ago. Mr Clesham had obtained a deed of conveyance allowing him cross lands onto the main road through a gate, close to Ashford Castle and operated and maintained by the defendants.
While there was an alternative route to and from the centre, that route was longer, more circuitous and difficult to use, counsel added.
In an affidavit, Mr Clesham said the gate on the estate was left open for many years. He believed it was shut for the first time last summer when Prince Albert of Monaco visited the castle and also during “the Quiet Man” festival in August.
While he was assured by hotel management the shutting of the gate would be temporary measure, he was later told the gate was to be kept shut and a gateman would open it for the centre if they needed to go through, he said.
Ashford Castle was operating “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”, he claimed.
On a number of occasions, he, his family, and users of the centre were forced to wait for some time before the gate was opened, he said. Ashford Castle had no right to act as it was “given the clear and explicit terms of the right of way.”
Mr Clesham said he had sought to resolve the issue and did not want to fall out with the operators of Ashford Castle as guests of the castle used his centre but his efforts had proven fruitless. He had “no alternative” but to bring the case as the numbers of people using his business had been reduced.