Courts

Doctor granted temporary injunction restraining neighbour from blocking access to his Dublin home

Dr Gehad Elbastawisy bought Churchtown Road Lower property once owned by Ronald McCourt, who he claims parks in a way that prevents him getting in and out of his space

The court heard each of the three properties had a legal easement over the front area of their adjoining neighbours’ properties. Photograph: iStock
The court heard each of the three properties had a legal easement over the front area of their adjoining neighbours’ properties. Photograph: iStock
Ray Managh
Mon Jul 22 2024 - 15:25

A Dublin-based medical doctor has been granted a temporary injunction restraining his next door neighbour from parking his car in a manner that prevents him from getting in and out of the space in front of his recently acquired home.

Judge Michael Walsh heard in the Circuit Civil Court that Dr Gehad Elbastawisy, of 26B Churchtown Road Lower, had bought his family home which it is one of a three-house-terrace previously owned by Ronald McCourt, who lives at 26A.

Barrister Donnchadh McCarthy, who appeared with Powell Legal Solicitors for Dr Elbastawisy, told the court the three houses face on to the road near the entrance to Miltown Golf Club.

Judge Walsh heard Dr Elbastawisy bought the middle house for €300,000 from Pepper Finance, which was well below its value, according to Mr McCourt.

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Mr McCarthy said each of the three properties had, for access and egress purposes of residents and vehicles, a legal easement over the front area of their adjoining neighbours’ properties. He said Mr McCourt was parking his car in such a fashion as to block access and egress to and from the parking space in front of Dr Elbastawisy’s home.

Dr Elbastawisy also claimed Mr McCourt had, without authority or consent, been parking his refuse bins on his family’s parking space.

Judge Walsh, who had read documents relating to the case in chambers, decided he would direct, until the trial of the matter, that Mr McCourt be restrained from the alleged nuisance and trespass.

He reserved the issue of costs to date in the proceedings until the trial action in which Dr Elbastawisy is seeking a permanent injunction against Mr McCourt.