A temporary court order has been issued preventing a neighbour from inhibiting a Dublin-based medical doctor’s access to his home by parking in a disruptive way. Dr Gehad Elbastawisy, who resides at 26B Churchtown Road Lower, recently purchased a family property, a part of a three-house terrace earlier owned by Ronald McCourt, who is the resident of 26A.
Lawyer Donnchadh McCarthy, representing Dr Elbastawisy with the support of Powell Legal Solicitors, narrated the situation to the court, detailing how the three houses are located alongside the road at the entrance of Miltown Golf Club. It was also brought to the court’s attention that Dr Elbastawisy’s centrally located property was bought for €300,000 from Pepper Finance, a price considerably lower than its real worth as per Mr McCourt’s belief.
Pointing towards the issue of obstruction, Mr McCarthy highlighted that all three properties had legal easement for the occupants and their vehicles over the front area of the neighbouring properties. According to the doctor’s claim, Mr McCourt was obstructing his access and exit by parking in such a way that it blocks access to his home. Additionally, Dr Elbastawisy alleges that without his consent, Mr McCourt has been placing his refuse bins on his property.
Having reviewed the case details in private, Judge Michael Walsh decided to curb the alleged nuisance and trespass by Mr McCourt until the trial is concluded. The matter of costs accrued during the proceedings has been deferred until the trial in which Dr Elbastawisy is pursuing a permanent injunction against Mr McCourt.