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Court finds defendants liable for nuisance and trespass but declines to grant injunction on grounds of acquiescence. Damages measured at €150,000.
Right of way - dominant tenement absorbed into larger property - whether right of way extended to larger property - extension of licensed premises - whether authorisation of servient tenement required to extend user of right of way - whether right of way "for all purposes" extended to use as emergency exit for persons on neighbouring premises - whether right of way permitted owners of dominant tenement to erect lights or dig trenches - whether acquiescence in changes to neighbouring property - whether injunction appropriate - measure of damages.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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