A WICKLOW FARMER has been ordered by the High Court not to trespass on the grounds of Russborough House in Blessington, Co Wicklow pending a legal action over a dispute about his right to farm part of the estate.
The High Court granted an application to the Alfred Beit Foundation, the charitable trust that owns and operates Russborough House for an interlocutory injunction against a local farmer, David Egar, from entering the property.
The Albert Beit Foundation, which was founded in 1976 by the late Sir Alfred and Lady Clementine Beit claimed the dispute with Egar had put their plans to stage music festivals at Russborough House at risk.
It claimed security on the 220-acre estate was also of the utmost importance because Russborough contained that valuable Beit art collection.
The venue has been the subject of several notorious robberies over recent decades including the theft in May 1986 of 18 paintings, including a Vermeer and a Goya, by the criminal gang headed by Martin Cahill, also known as The General.
The court heard that Egar of Main Street, Blessington, has been farming various lands on the Russborough estate since 1976 as a result of an agreement with both Sir Alfred and Lady Clementine while they were alive but that relations with the Foundation had since broken down.
The dispute centres on whether Egar has a lease or is entitled to a lease on six fields comprising approximately 100 acres that directly surround Russborough House.
The Foundation claims the farmer only ever had a series of 11-month licences to farm the lands which had expired in February 2020.
The court heard that the Foundation had entered an agreement in April 2019 with a company, Event Fuels, to hold annual music festivals at Russborough in June between 2019 and 2021 and the lands farmed by Egar would be required for car parking, camping and other activities.
Egar claims he had entered an oral agreement with Sir Alfred over 40 years ago that he would have full possession of the lands for an unspecified period in return for payment of an annual rent.
The farmer is seeking the court to grant him a 35-year lease on the lands as well as a permanent injunction to prevent the Foundation from interfering with his possession of the lands plus €100,000 in damages.
The court heard that Egar had not removed his livestock from the estate but had instead replaced the Foundation’s padlocks on various gates on the lands with his own.
Although the case when it came before the High Court last year was adjourned to allow for mediation between the parties, Mr Justice David Keane was informed that talks were unsuccessful.
In his judgement, Justice Keane said the farmer’s claims about an oral agreement with Sir Alfred suffered two fatal infirmities.
The judge pointed out any lease for a period in excess of 12 months must be evidenced in writing under legislation as well as Egar’s failure to put forward any evidence beyond a mere assertion.
He said he could find no evidence that would support Egar’s contention about the existence of a lease rather than successive licences.
The judge said it was “innately implausible” that Sir Alfred or the Foundation would grant exclusive possession of parklands immediately surrounding Russborough House to another person.
Granting the Foundation’s application for an interlocutory injunction pending the hearing of the full action, Justice Keane said the farmer had failed to show that he had any right to occupy the lands independent of the Foundation’s wishes.
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