[article] Dispute over land for rail line

[Mark Gleeson]

You got to love this

That said this guy seems to have adverse possession, CPO might not apply since the land is not listed in the order.

Dispute over land for rail line

A horse dealer who claims to have used about three acres of land adjoining Clondalkin Railway Station since 1977 is seeking a High Court declaration that he is the rightful owner of the area which Iarnrod Eireann intends to develop as part of a €357 million rail line.

Dennis Dunne has brought proceedings against Iarnrod Eireann who deny he has entitlement to the lands. The company claims they were acquired by the Great Southern and Western Railway Company in 1845, and that Coras Iompair Eireann, as successor in title since 1950, is the owner of the lands.

The company says the lands are to be used as part of a railway development involving extension of the suburban line from Cherry Orchard station in Dublin to Hazelhatch station in Co Kildare.

That rail project was sanctioned in November 2006 and works had been lawfully initiated in March last, it says.

It is claimed Mr Dunne knew or ought to have known the lands would be required for the project, which is claimed to have been under consideration for years. He also knew that until the project was undertaken, Iarnrod Eireann had no immediate need of the lands, the company contends.

If the court found the title held either by CIE or Iarnrod Eireann to the lands had been extinguished, then Iarnrod Eireann would use its compulsory purchase powers, it said.

It has counterclaimed for an order for possession of the lands and an injunction restraining Mr Dunne from remaining on the lands or interfering with works for the rail project.

Mr Dunne (54), of Rowlagh Avenue, Clondalkin, Dublin, told the court yesterday that he had found the lands "wild" in June 1977 Ã*nd had placed his horses there after erecting fences, poles and wire.

Over subsequent years, he built stables for the horses and stored hay and feed. He said the local children called him "Dinty" and described the land involved as "Dinty's field".

In June 2006 the stables were destroyed by a malicious fire and he had rebuilt them, he said.

On December last, he claimed, Iarnrod Eireann had attempted to block his access to the lands and animals by erecting a concrete bollard but he continued to gain access.

He told his counsel Mr Seamus O Tuathail SC that, in March last, Iarnrod Eireann entered the lands and began digging up a portion of it and erected a concrete bollard.

His horses were forced into one corner of the field and he was able to use only a quarter of the area he normally had, he said.

Cross examined by Mr George Brady SC, Mr Dunne said he worked on building sites from 1979 until 1980 but had young people working for him at the time who looked after the horses.

He said the fences had cost him nothing and he had never got permission from the caretaker of the station house to pass through the property.

He denied that he had built one of his stables in the garden of the caretaker's grounds.

The hearing before Mr Justice Frank Clarke continues tomorrow.

© ireland.com 2007
http://www.ireland.com/newspaper/bre...breaking87.htm

[Colm Moore]

To gain adverse possession, you must dispossess someone else (including a body corporate) of the land and exclude them. Did he do this?

Of course, if I was the caretaker, I'd be seeking my own legal advice.

[Colm Donoghue]

It is claimed Mr Dunne knew or ought to have known the lands would be required for the project, which is claimed to have been under consideration for years. He also knew that until the project was undertaken, Iarnrod Eireann had no immediate need of the lands, the company contends

This seems to be IE admitting they lost the land.
If he put up fences enough to keep horses in, I'd imagine that is enough
CIE shoulda done something before 1989 though.

Like the county council shoulda done something at Dunsink before now too.

[Thomas J Stamp]

Looks like a valid claim to me. Putting up fencing, building stables, all acts of assertive ownership. He's in the money methinks. And I know his SC fairly well he's no mug.

Oh, so he was supposed to know they had some future intention? Thats not good enough to deny him either.

[Colm Donoghue]

How anyone would know IE's future intentions is beyond me. I mean they announce times for the next train and no train shows up almost every day....

[MOH]

Could they not come to some agreement with him where they could use his horses to pull the train when the engine breaks down?

[Mark]

Originally Posted by colmd

How anyone would know IE's future intentions is beyond me.

Why the www.platform11.org forums of course!