Sunday 22 September 2019

Judge threatens a 'Trump-style wall' if Dublin neighbours cannot fix property dispute

Deal urged in boundary row as legal and engineer costs would 'spiral out'

Evelyn Malone (95) who lives at 72 Dublin Road, Sutton; Begona Alvarez O'Neill of 73 Dublin Road, Sutton; and Gerard Giblin of 74 Dublin Road, Sutton
Evelyn Malone (95) who lives at 72 Dublin Road, Sutton; Begona Alvarez O'Neill of 73 Dublin Road, Sutton; and Gerard Giblin of 74 Dublin Road, Sutton
73 Dublin Road Sutton

Ray Managh

A judge who threatened to impose "a Trump solution" of ordering the building of a wall between warring Dublin neighbours has invited them to try to settle the boundary disputes.

Artist Begona Alvarez O'Neill and Lucita Pascual Sanmiguel, of "Mullaghmore", 73 Dublin Road, Sutton, Dublin 13, are being sued left and right by their neighbours Evelyn Malone (95), who lives at No 72, and Gerard Giblin and Collette Walsh, who live at No 74.

Ms Malone, a widow, who was helped in a wheelchair to the Circuit Civil Court, claims Ms O'Neill was responsible for having 30 metres of a hawthorn hedge separating their properties removed in 2015. She alleges Ms O'Neill placed plant boxes and a pergola on her property and sued for damages for personal injury and trespass together with court declarations. Ms O'Neill denies the claims.

Mr Giblin and Ms Walsh have sued Ms O'Neill and Ms Sanmiguel for €75,000 damages for trespass and nuisance and restraints against further trespass.

Judge Jacqueline Linnane twice asked Gavin Mooney SC, who appeared with Gore and Grimes Solicitors for both sets of plaintiffs, and barrister Arthur Cunningham, who appeared with Peter Boyle Solicitors, for Ms O'Neill and Ms Sanmiguel, to leave court with their respective engineering experts and try to hammer out a solution to both sets of proceedings. Judge Linnane asked them to think of the spiralling engineering and legal costs involved and try to settle boundary disputes.

Mr Mooney told the court that the boundary dispute brought by Ms Malone against Ms O'Neill and her elderly mother was further complicated by the fact that Ms O'Neill had brought High Court proceedings against three Travellers and three daughters of Ms Malone alleging assault and battery.

Evelyn Malone, of 72 Dublin Road, Sutton. Picture: Courtpix
Evelyn Malone, of 72 Dublin Road, Sutton. Picture: Courtpix
Begona Alvarez O’Neill, of 73 Dublin Road, Sutton. Picture: Courtpix
Gerard Giblin, of 74 Dublin Road, Sutton. Picture: Courtpix

Ms O'Neill, who also operates a B&B service from her home at No 73, has sued business brothers Gerry, Michael and Jimmy Connors and Elaine, Jacqueline and Ruth Malone alleging that, in late August 2018, she had been assaulted by the agents of the Malone sisters as she attempted to stop part of a boundary fence being removed.

Mr Mooney said that in the ongoing High Court proceedings agreement had been reached with the Malones that there would be no interference or varying of the boundary between them and Ms O'Neill until the assault proceedings had been determined.

Mr Cunningham told Judge Linnane that while the specific boundary lines had already been agreed between the parties there were some ongoing matters that had to be sorted with regard to trees, hedges and fences.

Ms O'Neill, in an affidavit, told the court she had lived at No 73 for 23 years and had operated her B&B, known as 'The Artist's Residence' for the past three years. She outlined issues of alleged assault which are denied.

Judge Linnane said the prospect of directing the building of a wall as Trump had resolved to do on his border with Mexico, "so the neighbours would not even have to look at each other", was becoming more attractive to the court.

She said while she could not become involved in the High Court assault proceedings she directed engineers Val O'Brien, for Ms O'Neill, and Gerry McGibney, for Mr Giblin and Ms Walsh, to physically delineate the boundaries and report to their respective clients.

Adjourning proceedings for several weeks, Judge Linnane said it would be better for all sides if they could sort out their boundary issues rather than allow them to drag on.

Irish Independent

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