Courts / Dublin / Report

Case over neighbour's boundary struck out

Date
2016-10-19

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

A Co Dublin couple's High Court action against their neighbour, Anne Madden, has been struck out with the consent of both parties. The action was brought by Allan and Rosemary Archer, who had entered into contracts to sell their property at Deebert, Brookstone Road in Baldoyle Dublin and purchase a new house in Sutton. The Archers alleged that Ms Madden's claims regarding the boundary between their properties threatened to scupper their plans to move. Ms Madden had claimed the boundary should be moved 2m into the Archer's property, which led to the contract of sale for their house being unable to be completed. The Archers, represented by Breffni Gordon Bl, rejected Ms Madden's claim, stating that the boundary fence was constructed at Ms Madden's request in 2008 and marked out by an engineer hired by her. They claimed that if Ms Madden's claim was accepted, the boundary would go through the kitchen of their property. The Archers had brought High Court proceedings against Ms Madden seeking various orders and declarations, including that the boundary fence is correctly positioned, injunctions to withdraw the letter of September 21st, and damages for slander of their title. The case came before Mr Justice Paul Gilligan, who was told the matter could be struck out with the consent of both parties.

Who, what, where, when and why

What: Report matter: Case over neighbour's boundary struck out. Procedural stage: hearing_or_decision

When:

September 21st Other
21st September Hearing Or Sentence
2016-10-19 Publication

Why: Because of the claim, formally communicated to the Archers through Ms Madden's solicitors on September 21st last, the contract of sale for their house could not be completed. CNI source report