The Daily Star Ireland
Rita Considine, the former Dublin County Registrar, was criticized by a judge for taking an excessively aggressive and litigious approach in a property dispute with her neighbors on Home Farm Road, Drumcondra, Dublin. Judge Jennifer O’Brien dismissed Considine’s damages claim, ruling that it was evident her neighbors, Michael and Anne Flanagan, along with their daughter Sinead, had made reasonable efforts to resolve the issue. Considine had alleged that damage had occurred to her property due to the Flanagans’ development work.
The judge pointed out that Considine had refused mediation and had shown a determination to take the matter to trial. Judge O’Brien expressed disappointment with Considine’s approach to the dispute, especially since it involved neighbors, and criticized her unreasonable demands during the early stages of the conflict.
Considine had sought damages for issues such as the demolition of a wall, damage to a hedge, rising damp in her garage, and interference with a pathway. However, the judge found that the Flanagans were not in a position to remedy the alleged damages, as Considine had not provided consent for any repair work. Additionally, Considine had admitted that she had not taken steps to fix the damage herself, failing to mitigate her alleged losses.
The judge also noted that while Considine claimed there was a formal agreement regarding the development works, there was no written documentation to support this. She quoted legal expert Paul Anthony McDermott SC, who remarked that good neighbors typically assist each other without expecting legal obligations to arise from these actions. The court also noted Considine’s dissatisfaction with work done on a dividing wall’s foundation, which she had halted immediately.
In the end, Judge O’Brien ruled in favor of the Flanagans, ordering costs to be paid by Considine. Considine’s legal team has been granted a 21-day stay to consider an appeal.
