An action to prevent a number of local people cutting turf on a Co Laois bog, ownership of which is claimed by a married couple, opened in the High Court yesterday.
The right of turbary is to cut enough turf for domestic use, the court was told. But, it was claimed, massive amounts were being cut by machines and sold by some individuals.
Mr Daniel Carmody and his wife, Mary, of Rossleighan, Portlaoise, claim they acquired the 400-acre bog for £83,000 from the representatives of the Moore estate in 1990. The bog is between Portlaoise and Mountmellick. Following an adjournment of the hearing to allow settlement talks yesterday, Mr Justice Shanley was told that progress had been made and the matter could be put back until today.
Mr Eddie Walsh SC, for the Carmodys, said that people had paid, up to 1964-1965, a yearly rental to the Moore estate to cut turf. The bog fell into disuse and there was practically no cutting of turf in the 1960s and 1970s, he said. After the oil crisis of 1973 the position changed marginally. Mr Walsh said his clients had entered into an agreement in July 1990 and had acquired the bog in fee simple from five parties who had an interest through the Moore estate. At the time there was nobody in a position to give clear title.
As far as Mr Carmody was concerned, there was some cutting of turf but he was aware this had always been done with the permission of the Moore estate.
Mr Carmody would claim that no one had a legal right to cut turf on the bog without his permission, said Mr Walsh. Mr Walsh said that, following the change of ownership, there was a new-found interest in the bog. Some people had been cutting turf but others saw it as an opportunity and decided to avail of it.
Mr Walsh said the right of turbary was to cut enough turf for domestic use. Mr Carmody became aware that people had entered on to the bog and carried out what they alleged was a 'massive operation wholly inconsistent with any type of use for domestic purposes'.
The Carmodys are seeking damages and injunctions to restrain 10 named defendants from removing turf. The defendants deny the Carmodys' claims.