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House owner claims that alleged trespassers are demanding €140,000 for the property

The occupants of the house have not vacated the property since the owner bought it at auction in 2019.

THE OWNER OF a house in Kilkenny City has brought High Court proceedings against alleged unlawful trespassers who, it is claimed, have demanded a payment of €140,000 for the property.

Adrian Fox has launched the action, aimed at taking possession of and gaining access to the property, which he claims is currently unlawfully occupied by several parties for some time.

Fox’s action is against David Walshe, Caroline O’Grady, Walshe’s company Waterford Trans Freight Storage & Warehousing Limited and other people unknown in occupation of the property located at Manor Walk, Rose Hill, in Co Kilkenny.

Fox says that the defendants have no right to be at the property.

However it has been claimed that Walshe has an “equitable interest” in the property, allegedly being held in trust by a Mr Charles Allen.

Fox claims that Walshe allows employees and agents of the company, whose registered address is the property in question, reside that the property on a short term basis.

Represented in the action by Ruaidhri Giblin Bl, instructed by GN solicitors, Fox seeks various orders against the defendants, including an injunction granting him possession of the property.

He further seeks orders restraining the defendants from interfering with the property or obstructing any of the plaintiffs agents from entering the property to change the locks.

Fox, a garage owner of Kilcullen Road, Naas Co Kildare, claims that in August he purchased the terraced house in Kilkenny at an auction for €170,000 from Everyday Finance DAC.

Everyday acquired the property in 2019 from a bank appointed receiver.

The house was the property of another person, who took out a mortgage on it in 2007.

That person is not a party to Fox’s action and no allegations of wrongdoing are made against that individual.

When the property went up for sale Fox says, in a sworn statement to the court, that certain allegations were made to against parties attempting to auction the house.

They were warned not sell the property and a demand was made that Walshe be paid €146,000 for his interest in the property.

He claims that Walshe has appeared in videos, posted on social media, where he purports to provide legal advice on mortgage issues.

In one video, it is alleged that he berates people who are attempting to serve a High Court order, including a bankruptcy official, and repeatedly threatens to “kill a dog”.

Fox says the defendants have “no right to be there whatsoever”, and have been informed that he is now the owner of the property.

They have failed to vacate the property, he adds.

Giblin told the court that his client fears that unless he secures orders granting him possession, the property may be damaged and that things could turn violent if Fox calls to the house.

The matter came before Mr Justice Mark Sanfey today.

The judge, on an ex-parte basis, granted the applicant permission to serve short notice of the injunction proceedings on the defendants.

The judge, after making directions for the service of documents in the action, adjourned the matter to a date later this month.

Aodhan O Faolain