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Nuisance – Tort – Trespass - Breach of duty - Easement Rights - Subterfuge or concealment - Damages - Injunction restraining the defendants

Posted 21/10/2016

Nuisance – Tort – Trespass - Breach of duty - Easement Rights - Subterfuge or concealment - Damages - Injunction restraining the defendants 

Facts: The plaintiffs sought relief alleging trespass and nuisance, arising from a dispute between the owners of adjacent commercial units in an industrial estate or business park. The plaintiffs alleged that the defendants had committed trespass as a result of the rain gutter installed that overhung the land of the plaintiffs. The plaintiffs further alleged that the water from the gutter ran onto the plaintiffs’ property, causing a nuisance. The plaintiffs argued that the defendants had failed to install down pipes in the gutter. The plaintiffs claim damages for trespass, nuisance, negligence and breach of duty; an injunction restraining the defendants from having access to ‘the plaintiffs’ storm water services’; and a mandatory injunction requiring the defendants to carry out all necessary works to remove so much of the roof and drains attached to their property as constitute a trespass on the plaintiffs’ lands. The defendants contended that the plaintiffs lacked entitlement to any of the reliefs sought. The defendant claimed that the plaintiffs’ case, as pleaded, neither included any claim of breach of the planning code by the defendants nor did it include any claim, more generally, of breach of statutory duty against them. The defendants claimed the easement rights associated with the property. 
Held: Mr. Justice David Keane held that the prayer for the reliefs sought would be dismissed. The Court observed that the wider claims advanced by the plaintiffs at the trial lacked merit. The plaintiffs have failed to adduce evidence of any loss, damage or inconvenience caused. 
O'Regan, Tom and anor v Carey, Joseph and ors 
9/9/2016 No. 2011/11704 P [2016] IEHC 534

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