High Court orders unknown persons to vacate Dublin 4 house

The High Court has made orders requiring unknown persons who have allegedly been living in Dublin 4 without the permission of its owners to vacate the property.

The court heard that the property - 23 Pembroke Cottages, Donnybrook, Dublin 4 - was owned by the late Declan Gorman, who died in March 2019.

The executor of his estate, David Burke, claimed that the property was to be sold and the proceeds to be distributed to the beneficiaries of Mr Gorman’s will.

However, last September auctioneers acting for the estate were unable to gain entry to the property, to prepare it for sale, after they discovered that the property had been occupied by unknown persons.

No permission had ever been given by the estate for anyone to reside at or rent the property, and anyone there is a trespasser, claimed Mr Burke, of Riverchapel Wood, Gorey Co Wexford.

At the High Court on Tuesday, Mr Justice Senan Allen said he was satisfied to grant the executor an injunction requiring whoever was in occupation to immediately vacate the property.

The injunction also requires those in occupation to deliver up vacant possession of the property and restrains those in occupation from trespassing at the house.

The order further restrains those in occupation from interfering with or impeding the estate from taking possession of the property.

The judge said the property was vested in the estate and the law was “absolutely clear” as to the estate’s rights to possession.

The injunction application was unopposed, and there were no representations made on behalf of those alleged to be occupying the property.

Declan Whittle BL, instructed by solicitor Gerald Kean, for the estate said that the injunction was being sought over fears that those occupying the property would remain there unless compelled to vacate by an order of the court.

Counsel said the executor has not been able to ascertain exactly who is in the property. Mr Whittle said permission had never been given by the estate for anybody to be in the property, and that these person’s presence in the house was an unlawful trespass.

The occupiers have no defence to the claim, counsel said.

He said the trespass and interference with the property was reported to the Garda. However, when a garda went to house to find out who or how many persons are staying there, counsel said, he was refused entry and was told he was not getting any information.

Mr Whittle said that it appeared while access was denied there are people residing in the property, and that his client was concerned that some works may be taking place in the premises.

Persons living near the house informed the Garda that several people had been seen at the property and seemed to be doing construction work. Some scaffolding was observed when the garda looked through the letterbox.

The executor was concerned about the house and feared that works could be taking place that would interfere with the property’s structural integrity, water, and electricity supplies.

The property is not currently insured, the court heard.

Notice of the injunction proceedings had been posted to whoever is in occupation through the property’s letter box, counsel said.

No response had been received, and nobody had attended court on the occupier’s behalf seeking to challenge the injunction application, counsel added.