A woman at the centre of a property dispute with her siblings was terrorised in her Dublin home by two miniature Jack Russells, a court has heard.
Jeanette Wosser, of Cromcastle Court, Kilmore West, claimed in the Circuit Civil Court that the dogs barked continuously day and night "to the terror and nuisance" of her and her son.
Ms Wosser (45) alleged she had been unable to use her clothes line because of the dogs, named Sparky and Rusty, and felt compelled to buy a machine to dry her washing as a result. Her son was unable to play in the back garden which, she claimed, was fouled in by the dogs.
She claimed she had been forced out of her late father’s home because she felt bullied and intimidated. She sued her siblings for court orders granting her restoration of her right of residence as well as damages.
Ms Wosser sued her brothers Noel, Darren and Paul Wosser and her sister, Donna Cassells, all of whom, the court heard, were left a one-fifth share in Michael Wosser’s home at Castletimon Green, Kilmore West, after his death nine years ago. The property has been valued at some €250,000.
Ms Wosser told Circuit Court President Mr Justice Raymond Groarke she was living in her father's home, which had a granny flat. Then, in January 2012, Ms Cassells told her she was moving her son and his girlfriend into the flat, which Ms Wosser agreed to providing they did not bring in any dogs.
However, a kennel and two dogs appeared and the development kept her and her son awake at night and left Ms Wosser afraid to enter the garden.
Split proceeds
Barrister Damien Keaney, who appeared with Ferry’s Solicitors for all of the defendants, told Judge Groarke that proceedings had initially begun six years ago when an offer had been made to Ms Wosser by the defendants to sell the house and split the proceeds five ways, but this was not responded to then or when it was made again a year later.
Peter Maguire, who appeared with Thomas Loomes Solicitors for Ms Wosser, said she had literally been thrown out of the house six years ago and the State was now picking up the €1,200 monthly tab to house her.
Mr Maguire said his client had initially valued her right of residence at €160,000 but he advised that the matter should be settled for significantly less. She wanted the court to put a value on her right of residence and, if necessary, make an order for sale of the property.
Mr Justice Groarke was told by Mr Keaney that the five-way split offer was still available. The judge directed that the house be sold and the proceeds be divided equally between all five parties on the basis each of the parties bear their own costs.