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High Court dismisses an appeal for an interlocutory injunction by neighboring landowners against the sale of a property, affirming the Circuit Court's decision, where the neighbors claimed trespass due to an extension built on their land and sought adverse possession after allegedly being given keys to the property as compensation, the court finding a serious issue to be tried regarding trespass, but dismissing the adverse possession claim, as the registered owner's consent negated the possibility of such a claim; and the sale of the property was not injuncted, as the purchaser was on notice of the dispute and the plaintiffs' claim for trespass could continue against the new owner.
Interlocutory injunction - trespass - adverse possession - consent of landowner - sale of property - notice of dispute - boundary discrepancy - legal principles for injunctions - Merck Sharp & Dohme Corporation v. Clonmel Healthcare Ltd - balance of justice - adequacy of damages - mandatory relief - prohibitory injunction - trespass claim - High Court - Circuit Court - Legal Services Regulation Act 2015 - Start Mortgages DAC - Irish Life and Permanent plc - online auction - receiver injunctions - folio recalibration - ESB bill - pro forma contract for sale - bona fide purchaser for value without notice.
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