Dundalk neighbours' row over "flower bed" comes before High Court

High Court

Aodhan O Faolain

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Aodhan O Faolain

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editor@dundalkdemocrat.ie

Dundalk neighbours' row over plot of land comes before High Court

A row between neighbours over the ownership of a small plot of land containing "mature flower beds" has come before the High Court.

The action has been brought by Gerald and Olivia Dorian of the Ivy Cottage Rock Road, Blackrock, Dundalk, Co Louth against their neighbour Ruth Black also of Rock Road , Blackrock.

The dispute centres around the ownership of a plot of land outside the front wall of Ivy Cottage containing mature flower beds which the Dorian's say is part of their property.

The Dorians allege that Ms Black, who acquired an adjoining property to their in 2017, has asserted through her solicitors she is the owner of the flower beds.

On Thursday the High Court heard that earlier this week the defendant arrived with machinery on the property to carry out works.

They claim that Ms Black has no right to remove the flower beds, and reported the matter to the Gardai.

The Dorians fear such works will result in the wrongful removal of the flower beds and the ivy on their wall.

On Thursday Ms Justice Caroline Costello granted the Dorians, on an ex-parte basis, an interim injunction preventing Ms Black from interfering in any way with the flower beds on lands measuring 18 inches in width and 29 feet in length, which they claims is at the front of their property.

In their action the Dorian's also seek declarations they are the owners of the flower beds, and that the flower beds form part of their property.

Ms Black has no right in law to assert any title to the flower beds, they allege.
Seeking the order Oliver Costello Bl for the Dorians said his clients apprehend the destruction of the ivy and the flower beds "would wholly change the rustic character of their property."

While the Dorians have brought proceedings "with great reluctance" is their case that their front boundary extends outwards from the wall and the flower beds are part of their property.

The court heard that the property has been in Mr Dorian's family since 1903.
After granting the injunction the Judge adjourned the matter to next week.

The Judge, who expressed her concern about the legal costs involved, agreed with counsel that the matter should be remitted to the Circuit Court at the earliest possible opportunity.