Owner of historic Co Tipperary house seeks removal of alleged trespassers

The owner of a historic Co Tipperary building is claiming in the High Court that several alleged trespassers are holding up much-needed renovation works.

Joshua Wilson, who the court heard is the owner of Marlfield House, near Clonmel in Co Tipperary, has asked the High Court for an order restraining about 10 named individuals from trespassing on the property.

He claims that they have no legal right to be on the property which consists of Marlfield House, a protected palladian style dwelling house, built in the 1780s and was the home of the Unionist Bagwell family until the 1970s and 33 acres of land.

Mr Wilson, originally from Santa Fe, New Mexico in the United States, claims that last October he purchased the property from receivers appointed over the assets of the previous owners.

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He claims he cannot carry out renovation and construction works to make the property safe.

It is claimed the defendants have caused much damage to the property, by littering the grounds, rooftop area, and have blocked drains.

The defendants include Stephen Ghizdavu and Patrick Fogarty who, it is claimed, reside in units within Marlfield House itself.

The other defendants are Valdas Valciukas, Kristijonas, Brendan Dunne, Steven Fox, Martins Musinkis, John Robinson, Jason Capone and Francis Harmon who, it is alleged, reside in chalets on the grounds of the property.

The court heard that several of the defendants have claimed in correspondence that they have valid tenancies.

This is disputed by Mr Wilson, who says the defendants have no valid or legal entitlement to reside on the property.

No valid tenancy agreement could have been created under a clause included in the original 2007 mortgage agreement entered into between the lender and the former owners, it is claimed.

Represented in the action by Patricia Burke BL, instructed by Kenny Boyd & Co Solicitors, Mr Wilson claims the house was divided into 14 separate units without the benefit of planning.

He also claims that eight “ramshackle chalets” have been built on the grounds of the property, also without planning permission.

However, he claims that since his purchase he has been unable to access parts of the property he wants to renovate and restore.

He said he asked those on the property to leave and cease trespassing, but they have failed to do so.

The court heard there is also a particular urgency to the application.

In recent days Mr Wilson claims part of the main house’s ceiling collapsed.

While nobody was injured, Mr Wilson said this shows there is a substantial risk of danger unless repairs and renovations are carried out.

The matter came before Mr Justice Mark Sanfey on Tuesday.

The judge, on an ex parte basis, permitted Mr Wilson to serve short notice of the injunction proceedings on the defendants.

The matter was adjourned to a date in January, but the judge granted the party permission to return before the court before then should the need arise.

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