A businesswoman who bought two houses in an unfinished housing estate after the developer went bust has claimed in the High Court that she has been threatened by a man who has refused to yield up vacant possession of the property to her.
Sylvia Fox claims Martin Reilly has told her in a threatening manner not to “trespass” on her own property again.
Ms Fox, from Bennettsbridge, Co Kilkenny, is seeking an injunction preventing Mr Reilly, and a woman, Donna Heslin, from continuing to occupy the house at Lock Eala, Loch Gowna, Co Cavan.
Ruaidhrí Giblin BL, for Ms Fox, was granted permission on Thursday to serve the injunction proceedings on Mr Reilly and Ms Heslin at the Lock Eala property. The application was made with only the Fox side represented and the case comes back next week.
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Mr Giblin, who was asked by the judge what kind of a property it was, said it was in an unfinished housing estate where the developer went bust and it was later sold by a receiver appointed by Everyday Finance DAC to Ms Fox. It was one of two houses in the estate she bought.
The judge pointed out that Ms Fox’s affidavit grounding the injunction application was “coy about the purposes” of the house. It was not clear whether it was an investment property or she wished to move into it herself, he said.
He noted Ms Fox had offered to sell it to the defendants, although the court heard they did not respond to the offer.
In her affidavit, Ms Fox said she bought both houses in the estate last March from Everyday through the receiver.
She said she was aware when she bought the house at the centre of the dispute that it was occupied and that the receiver had been unable to gain access.
She said the defendants went into occupation of the house in 2016 without the consent of Everyday and they were repeatedly asked to vacate the property and to cease commercial activity at it.
Following her purchase in March, Ms Fox said her husband went to view both properties.
Subsequently, a photograph of her husband appeared on a Facebook page that she said is run by someone who spreads online conspiracy theories and disinformation about the Government, the courts and the banks.
The photograph contained the caption: “Anyone know these two goons sneaking around properties. If you see them, call the gardaí. Spread it around ...”
Ms Fox believes this was an effort to intimidate her husband or herself or to frustrate her purchase of the properties.
Subsequently, her husband was approached at his business premises in Kildare by the developer of the estate, who said he knew the defendants and they were willing to buy the house for €220,000. Ms Fox said the market value is €495,000.
In August her solicitor wrote to the defendants calling on them to immediately cease trespassing on the property or legal action would follow.
Last October 16th, while Ms Fox said she was working at the other house she had bought, she was approached by Mr Reilly, who repeatedly shouted at her in a threatening manner not to “trespass” on to her property. He also said he was “warning me for the final time”.
She believes Mr Reilly waited until tradesmen she had at the second property left to threaten and intimidate her. She said she was in such a state of sock that she was unable to drive home for some time.
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