Residents of Kenilworth Square in Rathgar, Dublin, are not entitled to a right of way or "private key" access to a park surrounded by their "£1 million homes", a judge has ruled. Home-owners around Kenilworth Square had asked Judge John O'Hagan in the Circuit Civil Court for a declaration that they were entitled to a right of way to use the lock-up park at all times. They also sought an order directing the park owners to provide them with keys to the park gates for use when the park was locked.
The judge had heard that the owner of the park was one of Ireland's top rugby schools, St Mary's College, and that it was used by the Holy Ghost Fathers as a sports and recreational park.
Judge O'Hagan, in a reserved judgment, said he had heard evidence of keys having been given to some residents of the square, for a fee, by various groundsmen who looked after the park. Under a deed of 1860, the square was to be thrown open to four-fifths of the residents, "for their amusement", on payment of £1 per annum to the owner. The judge said that the residents had also claimed the existence of a contract with St Mary's on foot of an alleged agreement reached at a meeting of residents and priests from the school in 1996.
Judge O'Hagan said that there had been no contractual agreement between the parties which was enforceable at law and any rights, insofar as they existed, amounted only to a mere licence to use.
He made no order as to costs.