This article is from page 23 of the 2008-05-13 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 23 JPG
CLARECASTLE man JJ McCabe, who scooped €18 million in a mas- sive land deal three years ago, has settled a court action with a farmer over a disputed piece of land.
In proceedings brought before En- nis Circuit Court, Stephen Moloney of Skehanagh, Clarecastle was seek- ing to have a 2001 deal between Mr McCabe and Lord Inchiquin Conor O’Brien concerning around nine acres of land adjacent declared void.
Mr Moloney also named Lord In- chiquin as a co-defendant in the pro- ceedings and in his claim to court, Mr Moloney said that Lord Inchiquin conveyed the previously unregistered lands to Mr McCabe in January 22, AUOF
The land is naturally divided by a deep trench filled with water and on one side is land reclaimed by Mr Mc- Cabe and farmed by his family for many years.
The other side consists of bogland and according to Mr Moloney has been occupied for over 50 years by Mr Moloney and his late father.
The claim goes on: “At no time dur- ing the period of occupation and use of land by Mr Moloney and his late father, has any other person, includ-
ing Mr McCabe or Lord Inchiquin occupied or used the land for any purpose. Mr Moloney and his late father have regularly grazed cattle on the land and have burned off scrub- type growth which appears annually on the surface on the bog.”
The claim contended that aris-
ing from the occupation and use of the land, Mr Moloney’s late father acquired title to the lands and this passed onto Mr Moloney.
Mr Moloney claimed that Lord In- chiquin was the owner of the disput- ed piece of land on January 22, 2001 that allowed him to sell the lands to
Mr McCabe.
Mr Moloney, JJ McCabe and Lord Inchiquin were present in court last Wednesday and the case was ex- pected to last the day. However, the legal teams thrashed out a deal by lunchtime.
In the settlement, it stated that the
court make a declaration that Mr Moloney is entitled to be registered as the full owner of a 4.655 acre site and Mr McCabe is entitled absolute- ly to the other 4.655 acre site which is currently registered in his name.
The settlement added that Mr Mc- Cabe “is entitled to the €35,000 IFA goodwill payment to the sum of €150,000 held on joint deposit, together with pro-rata interest. The balance monies and interest be spilt 50-50 between the parties”.
The settlement also stated that Mr Moloney shall within 28 days re- move the double gates erected on the public right of way specified on an accompanying map and shall at his own expense erect a 90 metre perma- nent fence.
The settlement added: “Mr Molo- ney and Mr McCabe undertake not to interfere with each other in their use and enjoyment of their respective lands.”
The settlement also stated that Mr McCabe shall deal with Lord Inchi- quin’s costs and expenses and the proceedings against Lord Inchiquin be struck out, while Mr Moloney and Mr McCabe will pay their own oO Ee