Widow’s € 15k award after right of way row with Ocean Sands Hotel
A widow told the Circuit Court in Sligo that a cottage she bought with her late husband in Enniscrone had been turned into a “sad place” following the building of a hotel nearby and the subsequent blocking of a right of way.
Ann Geary of Pontoon, Mayo was awarded damages of € 15,000 by Judge Doirbhle Flanagan against Mark Devaney of Breaffy, Ballina.
The court heard that Mrs Geary and her late husband Brendan, bought a cottage at Main Street, Enniscrone in 1994 to use “as downtime” from their own hotel business.
They would have used the cottage two to three times a week, said Mrs Geary.
A field next to them in Enniscrone owned by Mr Devaney had a small hotel but in 2005 a major expansion of the Ocean Sands got underway which also included the building of apartments.
Mrs Geary said they didn’t object to the development as they saw it as being good for the seaside village.
However, during construction, a cement silo was located near the cottage and Mrs Geary said everyday it was like it was snowing with cement blowing into her garden and house.
Shrubs had to be replaced while she also had to have the cottage cleaned and power- washed. Windows and doors had to be kept closed and this led to spots of dampness.
Construction went on for about 15 months and letters of complaint from the plaintiff ’ s then solicitor to Mr Devaney went unheeded.
There was a right of way leading past the cottage for many years with testimonies to the court stating it was there from 1970.
An agreement was made with Mr Devaney, who was not present at the hearing and wasn’t represented, that the right of way could be moved.
However, after the new hotel was built it became blocked with refuse bins, gas bottles and beer kegs.
Mrs. Geary, who was represented by Mr John Geary, solicitor, said access to the village’s main street was important such as the church.
Mr Geary told the court that Mr Devaney “literally went to ground in 2008” with no correspondence or communication from him at all.
A solicitior made contact on his behalf last Friday but no call was made the day before the court and that solicitor had not stated he had no instructions in the matter.
Peter Gannon, consulting engineer, told the court that he carried out inspections of the new right of way in March 2009 and February 2010.
During the latter inspection he found that a passage had been provided between the shared boundary between the hotel and cottage but it was not in an adequate degree of finish.
There was loose stone over the majority of the surface and handrails were not provided a sets of concrete steps.
There were also no handrailas at a ramp while additional steps were also unguarded.
Witness also noticed that there was debris consisting of botles and general waste thrown about the place.
He did not consider the right of way as being safe. He also inspected the passage last month and a large number of bins were extending across the right of way with beer kegs too srewn around the right of way.
There was also extensive overgrowth of briars.
Judge Flanagan said she was satisfied the plaintiff had suffered during the building of hotel very near to her boundary line. She awarded damages of € 15,000 plus costs to Mrs Geary.
The Judge also granted a number of orders being sought. These included that the plaintiff had a right to pass over by foot along the passage; that all material and debris causing it to be obstructed to be removed and an order allowing for the right of way to be registered.