The High Court has been asked for orders directing unknown people in four caravans to vacate the historical Knocklofty House in Co Tipperary.
Mr Justice Brian O’Moore was informed on Tuesday that several people in the caravans have been illegally occupying the property, which is a protected or listed building located outside Clonmel. They have no permission to be there, are causing an ongoing nuisance and have refused to leave, he was told.
It is claimed they have set up a makeshift camp on the property and have been grazing up to 20 piebald ponies on lands surrounding the building, which has fallen into disrepair and is unsafe for human habitation.
The orders are being sought by chartered accountant Ken Fennell who in 2015 was appointed receiver over certain assets, including Knocklofty House and surrounding lands, of businessman Denis English, of Marlfield House, Clonmel.
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He seeks orders from the court directing the unknown people to vacate the site and cease interfering with the property.
Represented by Frederick Gilligan BL, the receiver claims the makeshift camp allegedly built by the unknown people on the property is “unsightly” and “may cause a danger to both humans and animals”.
Other animals, including chickens and dogs, are being kept in makeshift wooden structures on the property, it is claimed.
The receiver has welfare concerns about the apparent poor state the various animals are being kept in.
There is also “a significant amount” of debris on the site, including bricks, wooden planks, sulky racing traps and toys, the receiver alleges. He says these may cause a danger to anyone attending at the property.
Built in the 18th century, Knocklofty House was formerly owned by Ango-Irish earls of Donoughmore.
In 1974, John Hely-Hutchinson, the 2nd Earl of Donoughmore and UK House of Lords member, and his wife Dorothy were kidnapped from the property by the IRA +before being released unharmed in Dublin five days later.
It operated as a hotel from the 1980s but closed some years ago. Denis English acquired it in 2007, but, after he allegedly defaulted on loans used to buy the property, a receiver was appointed.
The loans were originally taken out with Ulster Bank but were acquired by financial fund Promontoria (Aran) Ltd, which appointed Mr Fennell as receiver.
That appointment resulted in litigation between the receiver and Mr English that resolved late last year.
In a sworn statement to the court, Mr Fennell said he wants to prepare the property for sale and/or development.
He said the litigation with Mr English prevented him from being able to take action against the unknown people, who have been on the property for some time.
Mr Fennell said that neither he nor his agents, KTech Security, have been able to persuade the people to leave the site.
The interior of Knocklofty House has also been extensively damaged, with wooden floorboards lifted and removed, he added. He does not know who caused this damage or when exactly it was done, but he wants to secure Knocklofty House so it can be sold or developed.
In his ruling Mr Justice O’Moore said he was satisfied to grant Mr Fennell permission, while only he was represented in court, to serve notice of the proceedings on the people alleged to be trespassing on the property.
The action will return to court next week.