High Court gives order requiring unknown persons to vacate disused 'Historic' Tipp property

A financial fund appointed receiver has secured High Court orders requiring unknown persons in four caravans to vacate and cease occupying the well-known historical Co Tipperary property Knocklofty House.

The orders are being sought by Chartered Accountant Ken Fennell who in 2015 was appointed receiver over Knocklofty House, which is a protected building. He was appointed by financial fund Promontoria (Aran) Limited.

The receiver wants to sell the property but has claimed he is unable to do because of the alleged unlawful presence and activity of several persons unknown on the site.

It was claimed that the unknown persons are causing an ongoing nuisance and have refused to leave.

It is claimed that they have set up a makeshift camp on the property and have been grazing up to 20 piebald ponies on lands surrounding the property, which has fallen into disrepair and is unsafe for human habitation.

The court heard that the makeshift camp was "unsightly" and "may cause a danger to both humans and animals."  

There is also "a significant amount" of debris on the site, including bricks, wooden planks, sulky racing traps, and children's toys. 

Last week Mr Justice Brian O'Moore granted the receiver's lawyers permission to bring the proceedings where he sought an injunction requiring the persons unknown to vacate and cease interfering with the property. 

The matter returned before the judge on Monday. Frederick Gilligan Bl for Mr Fennell told the court that the legal documents in the case had been servered on each of the four caravans his client says are currently on the property.

The person serving the documents had also spoken to a woman in one of the caravans. Counsel said that the persons on the site have been made fully aware of the receiver's proceedings against them.

There was no appearance in court by, nor any representations made on behalf of the persons unknown.

Mr Justice O'Moore said he was satisfied the proceedings have served and in light of the fact there was no opposition to the application the court was prepared to grant the orders sought by the receiver.
Built in the 18th century, Knocklofty House, located outside of Clonmel, was formerly owned by Anglo-Irish aristocrats the Earls of Donoughmore.

It had been operated as a hotel, but closed down several years ago.

It was acquired by Co Tipperary businessman Denis English in 2007, but went into receivership in 2015 after Mr English alleged defaulted on loans he acquired to buy the property. The property was the subject of a legal battle between the owner, the fund and the receiver. Those proceedings were settled last year.

Mr Fennell has claimed in the proceedings that the interior of Knocklofty House has also been extensively damaged.
Wooden floorboards have been lifted and removed, he said, adding that services to the property have been impaired. 

In a sworn statement to the court Mr Fennell said he does not know who caused this damage or when exactly it was done to Knocklofty House.