Teagasc workers were told that a “big brown envelope” would be needed to settle a trespass dispute on land at Kinsealy, Co Dublin, a judge heard on Wednesday.
Judge James McCourt was told that several men had turned up to block the State agricultural research and advisory body from erecting a boundary fence on its lands at Emsworth, Kinsealy, in May last year.
Judge McCourt granted declaration and restraining orders against Darren Cummins, who owns a car repair and recovery business alongside Teagasc land on which Mr Cummins had allegedly trespassed by parking damaged vehicles on it.
Barrister Gemma Hayes, who appeared with Ciara Walsh of Byrne Wallace Shields Solicitors, told the Circuit Civil Court that Mr Cummins had agreed to clear the area and allow a boundary fence to be erected between the two properties and had then reneged on the agreement.
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Ms Hayes said that legal proceedings had been initiated against Mr Cummins who had repeatedly ignored letters asking him to clear the area. He had failed to enter any defence.
Judge McCourt read written evidence of Peter Hennessy, a solicitor in Byrne Wallace Shields, in which Mr Hennessy stated that Cummins owned the adjoining car business at Malahide Road, Dublin 17, and had parked vehicles along the boundary between the two properties.
In August 2021 the parties had agreed to the erection of a 1.8m mesh boundary fence at Teagasc’s sole expense. Two years later in November 2023 an attempt to build the fence had been frustrated by Cummins still having had parked vehicles on the boundary.
Mr Hennessy said that in May last year, when the cars had been removed, a surveyor accompanied by contracted workers, had attended to build the fence but Mr Cummins had refused to allow the works to be carried out. Mr Cummins’s brother and two members of his staff had begun to impede and obstruct the work.
Cummins had claimed there were pipes running under the boundary and disputed its position, demanding the fence be erected along a new area.
Mr Hennessy said in an affidavit that it had been suggested on the site that “a big brown envelope” was needed for the issue to be sorted out.
Judge McCourt heard that Mr Cummins had caused substantial and unreasonable interference with Teagasc’s use of its property on which leaking oil was causing pollution.
There was no appearance or representation on behalf of Mr Cummins and Judge McCourt granted Teagasc orders restraining him from trespassing on or interfering with the land and compelling him to remove all cars and other materials from the line of the boundary.
Judge McCourt also granted a declaration that the boundary was as originally agreed and directed Mr Cummins to desist from interfering in any way with the erection of a fence.
Teagasc was also permitted by the judge to enter Cummins’s land to a distance of one metre from the boundary for the purpose of building the fence.
