The owners of the Citywest Hotel complex have launched High Court proceedings against two of its neighbours who it is alleged have started building works on part of the hotel's land.
The action has been brought by Cape Wrath Hotel Unlimited Company, which acquired the hotel and conference centre in 2014, against Glen and Sarah Walker, of Saggart Lakes, Saggart, Co Dublin.
Eoghan Cole BL, instructed by solicitor Aonghus McClafferty of Eversheds Sutherland, for the hotel said that the dispute related to a parcel of land it claimed was part of the now disused “executive golf course” near the Walkers’ home.
The hotel says it owns the landbut that Mr Walker has asserted a claim over it. It is claimed that last month Mr Walker commenced works, using an excavator, on the land, which is estimated to be less than 100sq m in size.
Counsel said the Walkers had no rights or interest in the disputed land and that the hotel owner had asked the defendants to cease works, but they had failed to give any undertakings to do so.
Counsel said that Mr Walker has said he was prepared to sell the disputed lands to Cape Wrath.
Counsel said that the defendants’ actions were “opportunistic” and that it was his client’s case that they should not be allowed “to get away with it”.
Case adjourned
Counsel said that in addition to the disputed land, it also appeared that Cape Wrath owned a small sliver of land on the Walkers’ side of the boundary wall.
His client had made it clear to the defendants that it did not want to take that piece of land back, counsel said.
In its action the hotel owner sought declarations from the court including that it was the beneficial owner of the land at the centre of the dispute, and that the Walkers had no interest or rights over said lands.
It is also seeking an injunction restraining the defendants from trespassing and from carrying out any works on what the hotel owner says is its property, including interfering with the boundary wall between their properties.
The matter came before Ms Justice Mary Rose Gearty on Friday, who on an ex-parte basis granted the hotel owners permission to serve short notice of their proceedings on the Walkers.
The case was adjourned, and will return before the court next week.