{"id":148723,"date":"2025-11-19T18:24:09","date_gmt":"2025-11-19T18:24:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/148723\/"},"modified":"2025-11-19T18:24:09","modified_gmt":"2025-11-19T18:24:09","slug":"men-asked-state-body-staff-for-big-brown-envelope-to-settle-trespass-dispute-court-told-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/148723\/","title":{"rendered":"Men asked State body staff for \u2018big brown envelope\u2019 to settle trespass dispute, court told \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \"><a href=\"https:\/\/www.irishtimes.com\/tags\/teagasc\/\" target=\"_blank\" rel=\"noreferrer nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/teagasc\/\">Teagasc<\/a> workers were told that a \u201cbig brown envelope\u201d would be needed to settle a trespass dispute on land at Kinsealy, Co <a href=\"https:\/\/www.irishtimes.com\/tags\/dublin\/\" target=\"_blank\" rel=\"noreferrer nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/dublin\/\">Dublin<\/a>, a judge heard on Wednesday.<\/p>\n<p class=\"c-paragraph paywall \">Judge James McCourt was told that several men had turned up to block the State agricultural research and advisory body from erecting a boundary fence on its lands at Emsworth, Kinsealy, in May last year.<\/p>\n<p class=\"c-paragraph paywall \">Judge McCourt granted declaration and restraining orders against Darren Cummins, who owns a car repair and recovery business alongside Teagasc land on which Mr Cummins had allegedly trespassed by parking damaged vehicles on it.<\/p>\n<p class=\"c-paragraph paywall \">Barrister Gemma Hayes, who appeared with Ciara Walsh of Byrne Wallace Shields Solicitors, told the Circuit Civil Court that Mr Cummins had agreed to clear the area and allow a boundary fence to be erected between the two properties and had then reneged on the agreement.<\/p>\n<p class=\"c-paragraph paywall \">Ms Hayes said that legal proceedings had been initiated against Mr Cummins who had repeatedly ignored letters asking him to clear the area. He had failed to enter any defence. <\/p>\n<p class=\"c-paragraph paywall \">Judge McCourt read written evidence of Peter Hennessy, a solicitor in Byrne Wallace Shields, in which Mr Hennessy stated that Cummins owned the adjoining car business at Malahide Road, Dublin 17, and had parked vehicles along the boundary between the two properties.<\/p>\n<p class=\"c-paragraph paywall \">In August 2021 the parties had agreed to the erection of a 1.8m mesh boundary fence at Teagasc\u2019s sole expense. Two years later in November 2023 an attempt to build the fence had been frustrated by Cummins still having had parked vehicles on the boundary.<\/p>\n<p class=\"c-paragraph paywall \">Mr Hennessy said that in May last year, when the cars had been removed, a surveyor accompanied by contracted workers, had attended to build the fence but Mr Cummins had refused to allow the works to be carried out. Mr Cummins\u2019s brother and two members of his staff had begun to impede and obstruct the work.<\/p>\n<p class=\"c-paragraph paywall \">Cummins had claimed there were pipes running under the boundary and disputed its position, demanding the fence be erected along a new area.<\/p>\n<p class=\"c-paragraph paywall \">Mr Hennessy said in an affidavit that it had been suggested on the site that \u201ca big brown envelope\u201d was needed for the issue to be sorted out.<\/p>\n<p class=\"c-paragraph paywall \">Judge McCourt heard that Mr Cummins had caused substantial and unreasonable interference with Teagasc\u2019s use of its property on which leaking oil was causing pollution.<\/p>\n<p class=\"c-paragraph paywall \">There was no appearance or representation on behalf of Mr Cummins and Judge McCourt granted Teagasc orders restraining him from trespassing on or interfering with the land and compelling him to remove all cars and other materials from the line of the boundary.<\/p>\n<p class=\"c-paragraph paywall \">Judge McCourt also granted a declaration that the boundary was as originally agreed and directed Mr Cummins to desist from interfering in any way with the erection of a fence. <\/p>\n<p class=\"c-paragraph paywall \">Teagasc was also permitted by the judge to enter Cummins\u2019s land to a distance of one metre from the boundary for the purpose of building the fence. <\/p>\n","protected":false},"excerpt":{"rendered":"Teagasc workers were told that a \u201cbig brown envelope\u201d would be needed to settle a trespass dispute on&hellip;\n","protected":false},"author":2,"featured_media":148724,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[13553,615,61,60,112,31615],"class_list":{"0":"post-148723","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-sports","8":"tag-circuit-court","9":"tag-dublin","10":"tag-ie","11":"tag-ireland","12":"tag-sports","13":"tag-teagasc"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/148723","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=148723"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/148723\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/148724"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=148723"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=148723"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=148723"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}