By Tom Arden
The Supreme Court has dismissed an appeal by residents of Clonmannon Retirement Village in County Wicklow over claimed rights of access to Clonmannon House and changes to the village care arrangements.
The retirement scheme was established in the 1980s on about 24 acres surrounding the eighteenth-century house. Residents leased individual bungalows and entered separate care contracts covering services and maintenance.
The scheme later ran into financial difficulties. Services ceased between 1993 and 1996 and Clonmannon House was closed. Jane and Roderic McGrath bought the enterprise in 1996 through arrangements involving Mac Enterprises Limited.
A majority of residents supported efforts by the new owners to establish a revised care scheme. A minority, represented by the appellants, argued that the original arrangements had to be maintained. Their case included a claimed general right of access to Clonmannon House.
That issue was significant because the McGraths intended to live in the house. Earlier promotional brochures had described it as the centre of village activity and referred to facilities including a library, dining room, billiards room and infirmary.
Mr Justice Fennelly held that the brochures could not create rights which were not incorporated into the residents’ leases. The leases contained detailed easements and other rights but did not expressly grant general access to Clonmannon House.
The court also rejected the argument that such a right had to be implied. While access could be implied where necessary to receive a service provided under the care contract, that did not create a proprietary interest in the house itself.
The residents also challenged the validity of variations to the care contract. The Supreme Court upheld the High Court finding that the McGraths had carried out consultations, established the wishes of residents and formed a bona fide opinion that the changes were in the interests of the village as a whole.
The appeal was dismissed and the High Court order affirmed.