PAT KENNY and his wife Cathy are to buy out the claimed interest of their neighbours in the land at Gorse Hill in settlement of their dispute with Gerard and Maeve Charlton. CAROL COULTER, Legal Affairs Editor reports
Mr Kenny said yesterday he will maintain the lands as a nature reserve.
When Ms Justice Maureen Harding Clark called the case yesterday Eoghan Fitzsimons SC, for Mr Charlton, said that the parties had settled their differences "directly as a result of your suggestion of mediation".
The former attorney general, Rory Brady SC, had engaged in mediation with the parties over the weekend, and Mr Fitzsimons paid tribute to his "great patience" during the 10-hour mediation process.
Mr Charlton and his wife Maeve had initiated the legal action against Mr Kenny and his wife over ownership of the 0.2 acre lands of Gorse Hill adjoining their homes in Dalkey, Co Dublin.
The Charltons claimed they owned the land while the Kennys contended they had, since 1991, established entitlement to the land through adverse possession or "squatter's rights".
Under the centuries-old law occupiers of land, who occupy it on an uncontested basis for more than 12 years, can claim title to it.
The case opened last Tuesday and Ms Justice Harding Clark visited the Gorse Hill site on Thursday.
On Friday afternoon last she made what Mr Fitzsimons described yesterday as an "inspired" suggestion that the case go to mediation.
Brian O'Moore SC, for the Kennys, said that when the judge made her intervention last Friday, the Kennys had not "had their day in court" as only the opening address by the other side had been heard at that stage.
However, what she said had a deep impact on them and they agreed to seek mediation.
Ms Justice Harding Clark read Mr Brady's report on the mediation to the court.
The fact that they had agreed to an independent mediator was a genuine sign of a desire on both sides to resolve their differences, Mr Brady said.
There was no doubt in his mind that both sides had a real sense of grievance about how they were treated and this had intensified with each new act or statement and added to "an unhealthy and unwelcomed tension".
Mr Brady said he was satisfied both sides genuinely believed they had legal right on their side.
The discussion of the issues with him by both sides "in complete candour" had enabled a successful outcome.
Ms Justice Harding Clark said she was very happy with the outcome and she agreed to a request from both sides to strike out the Charlton claim and the Kenny counter-claim, and to make an order vacating all previous legal cost orders.