A High Court judge in Northern Ireland has granted a holding injunction restraining a property company from entering disputed land in Portballintrae, County Antrim, while ordering the underlying case to be transferred to the county court for full determination. The judgment, delivered on 16 March 2026 by Scoffield J in the Chancery Division, resolved two competing applications: one by the plaintiff for an interlocutory injunction, and one by the defendant seeking to have the proceedings moved to a lower court.

The dispute centres on a narrow wedge of land between two holiday properties - 10 Atlantic View, owned by RKW Orthopaedics Limited and used by director Roger Wilson and his family, and 3 The Haven, owned by Willand Developments Limited and used by the Graham family. The plaintiff holds registered title to the land, having acquired it through a series of transfers originating from developer SM Devine Homes (NI) Limited. The defendant, whose title remains unregistered, contends it has owned the land since 1994 and that errors were made when the parent folio was first registered in 2014.

The dispute escalated through a series of physical interventions. In June 2025, the defendant erected concrete posts and fencing on the disputed land, blocking the plaintiff's access through a gate in its own fence. In late January 2026, while the Wilson family was on holiday, workmen entered the plaintiff's garden and dismantled a shed that had stood on the disputed land since 2019, leaving the structure and its contents on the plaintiff's driveway. In early February 2026, further works were carried out removing part of the plaintiff's fence, and the plaintiff was presented with an invoice for £2,160 for the shed removal. Court proceedings were issued on 12 February 2026.

On the remittal application, the judge found the case fell within county court jurisdiction. The plaintiff's property has a capital value of £180,000 and the defendant's £235,000, both below the county court limit of £400,000 under Article 12(1) of the County Courts (Northern Ireland) Order 1980. The judge assessed likely damages as modest, noting both properties are used only as holiday homes and that the costs of reinstating fencing and a shed would not be high. The proceedings were ordered remitted to the county court judge sitting at Antrim.

On the injunction application, the judge granted interim relief on two grounds. First, the plaintiff holds registered title, and under section 11(1) of the Land Registration Act (Northern Ireland) 1970 the register is to be treated as conclusive unless corrected. Second, the judge found the defendant had acted in a high-handed manner by removing the shed and entering the plaintiff's undisputed property without notice or prior court sanction, despite having previously indicated it might seek court redress. The injunction restrains the defendant, its officers, directors, employees, agents and licensees from entering 10 Atlantic View or carrying out works on the disputed land without the plaintiff's consent. The plaintiff in turn gave an undertaking that it would not enter or use the disputed land pending trial or further order.

The judge declined to order removal of the defendant's newly erected fence, noting this would increase costs if the plaintiff ultimately failed at trial. The case is to proceed to a fuller hearing on the interlocutory injunction before the county court if the defendant wishes to file further evidence or make further submissions. The defendant had only produced the deed central to its ownership claim on 11 March 2026, the day before the High Court hearing, despite it having been requested by the plaintiff's representatives from at least May 2024.

On costs, the judge ordered that the costs of the remittal application be the defendant's costs in the cause, limited to one counsel, reflecting that the plaintiff had some justification for commencing in the High Court given the defendant's prolonged failure to disclose its title documentation. The plaintiff's costs of the injunction application to date were awarded as its costs in the cause, also limited to one counsel. Remaining costs were reserved to the trial judge.