Dwyer Developments Ltd. v. Kingscroft Developments Ltd. [2001] IEHC 124 (4th July, 2001)

Dwyer Developments Ltd. v. Kingscroft Developments Ltd. [2001] IEHC 124 (4th July, 2001)

The court declared the existence of a right of way over the defendant's land to the plaintiff's landlocked property, and ordered that the issue of damages, including assessment date and nature, be tried separately.

Citation
[2001] IEHC 124
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Civil / Post Judgment, Further Orders
Outcome
Declaration granted; damages to be tried separately; proceedings adjourned; costs reserved.
Legal Topics
Right of Way, Landlocked Property, Planning Permission, Damages
Property Law Planning Law Right of Way Landlocked Property Planning Permission Damages

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Post Judgment, Further Orders

Legal Issues

  1. 1 Existence of right of way over defendant's land
  2. 2 Whether plaintiff's land is landlocked
  3. 3 Entitlement to damages or compensation

Ratio Decidendi

The court declared the existence of a right of way over the defendant's land to the plaintiff's landlocked property, and ordered that the issue of damages, including assessment date and nature, be tried separately.

Court Disposition

Declaration granted; damages to be tried separately; proceedings adjourned; costs reserved.

Orders

  • Declaration of right of way over defendant's land to plaintiff's property.
  • Issue of damages to be tried as a separate issue in the High Court.