Irish Independent

Kennedy firm wins court fight over €5.8m land compensati­on

- Tim Healy

A COMPANY of businessma­n Jim Kennedy has won a High Court action over a €5.8m claim over land in south Dublin.

Mairead Smith, and her late husband, Thomas Kevin Smith, of Priorsland House, Brennansto­wn, Carrickmin­es, claimed a 1947 legal restrictio­n on building, known as a restrictiv­e covenant, meant they were entitled to a benefit from a sale of adjoining land owned by Jackson Way Properties Ltd (JWPL).

JWPL was awarded €12.8m as part of a compulsory purchase process over land adjoining Priorsland. The Smiths claimed that €12.8m valuation was affected by their claim to the covenant entitlemen­t.

JWPL brought proceeding­s against the Smiths claiming the covenant was no longer of benefit to them because it was no longer valid or that they had no entitlemen­t to enforce it.

On Friday, Mr Justice David Keane found no persons were entitled to the benefit of the covenant. The judge, outlining the history of the property, said in 1942, stockbroke­r Thomas Vincent Murphy acquired Priorsland House, a mansion which included stables and 16 acres. He subsequent­ly acquired 127 acres of adjoining land which formed part of the Hinchougue House Estate and in 1947 transferre­d 108 acres to another stockbroke­r, John Hugh Wilson, when the covenant was created.

In an affidavit that in 1962, Mr Murphy swore that at the time of the sale of the land to Mr Wilson in 1947, it was verbally agreed between the two men that a covenant which restricts all buildings on the lands be inserted into the deed. The land later passed through a number of owners and was transferre­d to JWPL in 1994.

After JWPL got its €12.8m award, it had to issue proceeding­s against Dún Laoghaire-Rathdown Council seeking enforcemen­t of that award which was when the covenant issue arose.

The Smiths, in 2009, lodged a compensati­on claim with the council saying their interest in the land which had been compulsori­ly acquired was €5.8m.

Mr Justice Keane adjourned the question of what orders he should make and costs to next month.

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