A woman involved in a boundary dispute between neighbours in Co Wicklow has denied claims a whitethorn and blackthorn hedge was “butchered”.
Kathleen Maureen Rueter told the President of the High Court, Mr Justice Nicholas Kearns, no damage was ever done by herself or her family to hedges that form the boundary between her property and that of her neighbours, James and Anne Madigan.
Ms Rueter also rejected claims the lane had been widened significantly in 2003 when certain works were carried out.
The Madigans claim they only used the laneway outside their home to trim the respective hedges and that they lost 25 square metres of their garden after their neighbours had the laneway widened to allow access to the Rueter’s caravan park in 2003.
Ms Rueter and her children, Marian and Seán, deny the Madigans were intimidated, harassed and obstructed. They also deny they damaged the hedge or the laneway was substantially widened since 2003.
The Circuit Court found last year in favour of the Madigans, who have lived at Askintinny, near Clogga Beach, Arklow since the 1970s. The couple were awarded a total €5,000 damages for trespass and nuisance.
The court also ruled the Madigans were entitled to a right of way on to the laneway for the purpose of maintaining their hedge.
The Rueters have appealed the Circuit Court’s decision to the High Court.
On the third day of the appeal, Kathleen Maureen Rueter said, since her family acquired the farm and lands near Clogga Beach in 1964, they have maintained and improved the laneway, which is their only access to their property from the public road.
Under examination from her counsel Peter Bland SC, she agreed works were carried out in 2003 on the laneway, including the road surface, which resulted in parts of the road surface being raised. The laneway had not been widened significantly by those works, she said.
She also said no damage had been caused to the hedges and they had not been “butchered” as claimed. A gap that appeared in the boundary hedge had been caused by the Madigans, she said.
The case is expected to conclude early next week.
