Thursday 18 October 2018

Sparring neighbours in rural beauty spot take dispute over hedgerow to High Court

The court said the Madigans were entitled to a right of way on to the laneway for the purpose of maintaining their hedgerow.
The court said the Madigans were entitled to a right of way on to the laneway for the purpose of maintaining their hedgerow.
James Madigan, of Clogga, Co. Wicklow pictured leaving the Four Courts yesterday

Tim Healy

NEIGHBOURS in a scenic area are in dispute over a boundary hedge and lane way, the High Court heard.

The hedgerow has lined the lane at Askintinny, near Clogga Beach, Arklow, Co Wicklow, for around a century but is now the subject of a legal row which already took a number of days to hear in the Circuit Court.

That court awarded James and Anne Madigan €5,000 for trespass and nuisance against their neighbour Kathleen Maureen Reuter and her children, Marian and Sean, who run a caravan park near the beach.

The court said the Madigans were entitled to a right of way on to the laneway for the purpose of maintaining their hedgerow.

The Reuters appealed that decision to the High Court.

Before the appeal began, High Court President Mr Justice Nicholas Kearns urged both sides to take "an 11th-hour opportunity" to resolve the case.

He warned the parties that costs in the High Court could run to hundreds of thousands of euros.

At the centre of the case is the alleged widening of the entrance to the laneway where it meets the public road and which the Madigans claim encroaches on their property.

When Mr Justice Kearns asked Mr Madigan if it was too late for common sense to prevail, he replied "afraid so".

The case continues.

Irish Independent

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