The legal action between Pat Kenny and his neighbour over ownership of lands near their homes in Dalkey will be back before the High Court tomorrow when it is believed the judge will be told that progress has been made towards resolving the dispute.
Retired solicitor Gerard Charlton and his wife Maeve agreed, with Mr Kenny and his wife Kathy, following an appeal by trial judge Ms Justice Maureen Clark last Friday, to allow the dispute over the lands at Gorse Hill enter mediation.
Accroding to legal sources, progress has been made in the dispute following mediation by Mr Rory Brady SC and that progress will be reported to the court today.
Ms Jusstice Clark had issued her appeal as the case was about to go into evidence. The judge urged the sides to remember they would be neighbours at the end of the case and to "think long and hard" before things were said in evidence which cannot be taken back.
Ms Justice Clark had visited the disputed lands on Thursday and told the sides that, while they both lived in " a very idyllic setting", it would not be idyllic when the case is over. It was "not too late", she stressed.
Both sides then agreed the case could go to mediation. If progress was not made, the case was to resume today Tuesday.
In the action, the Charltons claim they are the legal owners of the 0.2 acre strip of land at Gorse Hill and have owned the land since buying their own home Maple Tree House in 1971.
In their defence and counterclaim, the Kennys say they have acquired the Gorse Hill land by virtue of adverse possession or squatters rights since 1991 and have a legal claim restraining any development of the land. They say they have used the land as a nature reserve for foxes and badgers and carried out numerous gardening and improvement works on the land over the years.
A list of 57 activities which the Kennys said they have carried out on the lands included pruning of trees, planting, installation of bird boxes, cutting back brambles, repairing fencing and the installation of decorative lights and decorative geese statues on the property.
Mr Kenny has denied claims that he requested the Charltons to sell Gorse Hill to him on a number of occaisons or that he sought and obtained the Charltons consent to a new pedestrian gate allowing access to the Gorse Hill property.
