Author Topic: * Pat's not losing any sleep over court case  (Read 4235 times)

tyssam5

  • Hero Member
  • *****
  • Posts: 1921
    • View Profile
* Pat's not losing any sleep over court case
« on: April 10, 2008, 11:59:05 PM »
Anyone been following this case? Seems like pretty mean action by Pat.

http://www.independent.ie/national-news/kennys-have-to-prove-they-took-possession-of-land-1342958.html


-----------------------------------------------------------------
Kennys 'have to prove they took possession of land'

By Tim Healy
Thursday April 10 2008

RTE broadcaster Pat Kenny and his wife Kathy will have to give evidence that they deliberately took possession of the land over which they are claiming adverse possession or squatters' rights, the High Court heard yesterday.

This will be crucial to their claim that they are entitled to adverse possession of the land known as Gorse Hill beside their home, The Anchorage, on Harbour Road, Dalkey, Dublin, the court heard.

Retired solicitor Gerard Charlton and his wife Maeve claim they are the rightful owners, said Eoghan Fitzsimons, their counsel.

He was speaking on the second day of the hearing of the dispute between the two families about the ownership of the 0.2 acre plot, said to have a value between €1m and €2m.

The Kennys claim they used it as a "nature reserve" for foxes and badgers, planted on it, pruned trees and put up fencing.

They also claim they have acquired a leasehold interest.

Mr Fitzsimons went through the title deeds of the Charltons' property, Maple Tree House, which they bought in 1971.

The deeds show ownership of Maple Tree House was assigned to the Charltons in November 1971 and this included an area known as Quarryfield, part of which is the Gorse Hill land.

The Charltons bought it from the renowned postcard photographer John Hinde. Mr Hinde also sold, at the same time, an adjoining property, which was later to become the site of Pat Kenny's home.

The Kennys bought The Anchorage in 1988 and built a completely new home, also called the Anchorage, on part of the site in the early 1990s. It was clear from the title deeds, Mr Fitzsimons said, that apart from the assignment of Gorse Hill to the Charltons, the Kennys also had to obtain permission from the Charltons for the right of way into the Anchorage.


The court heard that evidence would also be given that in 2007 Mr Kenny acquired what was described as an "intermediate" interest in the leasehold title to Gorse Hill, although the Charltons will say their interest was and is superior to that, Mr Fitzsimons said.

The Kennys would have to show that between the period of adverse possession they claim (1991-2003) they "intended to take the Charltons' land from them and that they did it deliberately and openly, notwithstanding the close relationship between them", Mr Fitzsimons said.

The evidence will show that the Charltons "were oblivious of any attempt whatsoever" by the Kennys to take possession of the land, Mr Fitzsimons said. The case resumes tomorrow.

- Tim Healy

Donagh

  • Hero Member
  • *****
  • Posts: 4034
    • View Profile
    • Bánú an Lae
Re: * Pat's not losing any sleep over court case
« Reply #1 on: April 11, 2008, 12:23:11 AM »
If there was any justice in this world, the state would confiscate the land give it to Rónán Ó Snodaigh to build a commune next door to both of the w**kers. Squatters rights my hole, hope they both lose millions.
constitutional action in normal times; revolutionary action in exceptional times

stephenite

  • Hero Member
  • *****
  • Posts: 4574
  • Ballina Stephenites
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #2 on: April 11, 2008, 12:30:48 AM »
I'd put a halting site on it

muppet

  • Hero Member
  • *****
  • Posts: 25089
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #3 on: April 11, 2008, 10:21:57 AM »
I'd build a gas refinery on it.

Then I'd allow the gas company to issue compulsary purchases orders so they would order both muppets off their own land and take ownership of all public access roads. Then Pat would have an angry violent mob for neighbours.

After that the protestors would arrive.
MWWSI 2017

Zapatista

  • Hero Member
  • *****
  • Posts: 5264
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #4 on: April 11, 2008, 10:36:37 AM »
If there was any justice in this world, the state would confiscate the land give it to Rónán Ó Snodaigh to build a commune next door to both of the w**kers. Squatters rights my hole, hope they both lose millions.

 :D :D Does Ronan recognise the State?

I just wish it was Gerry Ryan the hateful bollix.

Mentalman

  • Hero Member
  • *****
  • Posts: 1106
    • View Profile
Kenny land dispute resolved
« Reply #5 on: April 15, 2008, 01:57:30 PM »
Quote

Chat show host Pat Kenny has resolved a bitter ownership battle with his elderly neighbour over a disputed patch of scrubland, Dublin’s High Court heard today.

After an appeal for both sides to end the land row, the RTÉ broadcaster and semi-retired solicitor Gerard Charlton struck a deal following a weekend of intense negotiations.

Kenny and his wife Kathy agreed to buy the rocky outcrop known as Gorse Hill from Mr Charlton after both parties entered out-of-court talks.

After the brief hearing, Mr Charlton said both he and his wife Maeve were happy the “debilitating and traumatic” row was over.

“An outcome has emerged and Mr and Mrs Kenny have agreed to purchase Gorse Hill. We are very happy with this outcome,” he said.

“As we wish to bring closure to this very debilitating and traumatic episode in our lives, we will be making no further comment.”

The deal was struck after former Attorney General Rory Brady SC agreed to act as mediator and held 10 hours of talks on Sunday.

Outside the court, Mr Kenny said the entire episode had been deeply distressing for his family.

He said that assertions made in court by counsel for the Charlton family would have been utterly rebutted.

“Some people who were not in court may have thought that this was a David and Goliath battle,” said Mr Kenny.

“It was not. It was a dispute between us and a neighbour who is a successful and experienced solicitor and owner of properties.”

In an eight-minute statement, Mr Kenny told reporters that Ms Justice Maureen Harding Clark’s visit to Gorse Hill and other relevant properties was crucial to an understanding of claims made by the parties and, in particular, the position he adopted.

“Her wisdom in suggesting mediation set in train the resolution of this difficult and upsetting case,” he said.

“We wish that mediation had taken place much earlier.”

Mr Kenny said his legal team approached Mr Brady on Saturday to act as mediator.

“He proved to be a rock of common sense and helped guide us to a point of honourable compromise,” he said.

“He listened at great length to each side.”

The broadcaster added: “Gorse Hill has provided our family and, in particular, our children with security and privacy for the last 17 years and has been maintained as a wildlife sanctuary by us during that time.

“Following the settlement brokered by the mediator, we are delighted that it will continue to do so.

“Above all, we wish that our children can return to the normal life that they enjoyed before this dispute began.

“The entire episode has been deeply distressing for all of us and, more than anything, we want to put it behind us.”

Mr Kenny refused to disclose the sum he paid for the site in the exclusive Dalkey area.


http://www.breakingnews.ie/ireland/?jp=mhojqlqlgbey&c=

The only person who disrupted his children's life was he himself when he embarked on this course of action.
"Mr Treehorn treats objects like women man."

Zapatista

  • Hero Member
  • *****
  • Posts: 5264
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #6 on: April 15, 2008, 02:02:14 PM »
It's a pity we folk need to accept the decission of a 30 min court hearing or ask Jeremy Kyle to mediate for us in these sort of circumstances.

parttimeexile

  • Newbie
  • *
  • Posts: 192
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #7 on: April 15, 2008, 02:39:12 PM »
Is squatters rights just not another name for theft??

Zapatista

  • Hero Member
  • *****
  • Posts: 5264
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #8 on: April 15, 2008, 02:52:36 PM »
Is squatters rights just not another name for theft??

Ah no. If you are tasking the piss out of squatters rights it is theft but there are many genuine cases. 

Donagh

  • Hero Member
  • *****
  • Posts: 4034
    • View Profile
    • Bánú an Lae
Re: Kenny land dispute resolved
« Reply #9 on: April 15, 2008, 03:01:49 PM »
Quote

The broadcaster added: “Gorse Hill has provided our family and, in particular, our children with security and privacy for the last 17 years and has been maintained as a wildlife sanctuary by us during that time.


How long before the planning application goes in?

constitutional action in normal times; revolutionary action in exceptional times

parttimeexile

  • Newbie
  • *
  • Posts: 192
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #10 on: April 15, 2008, 03:02:32 PM »
But are you not taking something that belongs to someone else without paying for it. Not taking the piss just think that is what it boils down to.

Is squatters rights just not another name for theft??

Ah no. If you are tasking the piss out of squatters rights it is theft but there are many genuine cases. 

Zapatista

  • Hero Member
  • *****
  • Posts: 5264
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #11 on: April 15, 2008, 03:27:38 PM »
You are but it's not quite stealing. For example- I need somewhere to live and you tell me you have a bedsit in your garden you never use and I am more tha welcome to it. I move in and we live happily beside eachother for 10 years. During these 10 years I have a son who needs speacail care, I become a full time carer. I fit the bedsit with wheel chair access and enrol him in the local school for speacail needs. His life quality is built around the fact we live in this bedsit. Our lives over the last 10 years are designed to include the location, access, comfort etc of the bedsit.

If you come to me after 10 years and say i must move for some reason or another the cost of me moving would be imeasurable in terms of how it would effect me and my sons life. I could claim squatters rights and hope to get to stay. I would not be stealing I would just not be willing to pay that price for moving.

parttimeexile

  • Newbie
  • *
  • Posts: 192
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #12 on: April 15, 2008, 04:03:37 PM »
You are but it's not quite stealing. For example- I need somewhere to live and you tell me you have a bedsit in your garden you never use and I am more tha welcome to it. I move in and we live happily beside eachother for 10 years. During these 10 years I have a son who needs speacail care, I become a full time carer. I fit the bedsit with wheel chair access and enrol him in the local school for speacail needs. His life quality is built around the fact we live in this bedsit. Our lives over the last 10 years are designed to include the location, access, comfort etc of the bedsit.

If you come to me after 10 years and say i must move for some reason or another the cost of me moving would be imeasurable in terms of how it would effect me and my sons life. I could claim squatters rights and hope to get to stay. I would not be stealing I would just not be willing to pay that price for moving.

I see where you are comin from in a situation like this but this would be the most extreme case. Even at that, is the friends generosity for letting you stay for 10 years not enough of a gift. I probably come accross as mean but I just think that many people would use this law to take something they are not entitled to.

Smokin Joe

  • Hero Member
  • *****
  • Posts: 875
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #13 on: April 15, 2008, 04:13:42 PM »
A few years ago my great grandmother died and left the old homestead to my grandfather.

At this stage he had already built his own house and lived in it with his family, so he knidly allowed a nephew to stay in the old home house rent free.

After a few years (I can't rememember how many) the shyster of a nephew claimed squatter's rights in the house.  My grandfather had since passed on, and my granny didn't want to take the issue to court so the SOB stole my grandfather's house from him under squatter's rights - and all because he had offered him an act of kindness.

How the feck can that be right?


Mentalman

  • Hero Member
  • *****
  • Posts: 1106
    • View Profile
Re: * Pat's not losing any sleep over court case
« Reply #14 on: April 15, 2008, 04:55:08 PM »
Unfortunately, when it comes to property, you always have to charge, even if the tariff is just a token, to ensure you continuing rights. A law that was desgined for one purpose is clearly being subverted in many cases.
"Mr Treehorn treats objects like women man."