Neighbours’ row over flower beds comes before High Court
Dispute centres on plot of land outside front wall of Ivy Cottage in Blackrock, Co Louth
The judge, who expressed concern about the legal costs involved, agreed with counsel the matter should be remitted to the Circuit Court at the earliest possible opportunity.
A row between neighbours over ownership of a small plot of land containing “mature flower beds” has come before the High Court.
Gerald and Olivia Dorian of Ivy Cottage, Rock Road, Blackrock, Dundalk, Co Louth, have taken proceedings against their neighbour Ruth Black, also of Rock Road.
The dispute centres on ownership of a plot of land outside the front wall of Ivy Cottage containing mature flower beds which the Dorians say is part of their property.
They allege Ms Black, who acquired an adjoining property to theirs in 2017, has asserted through her solicitors she is the owner of the flower beds.
On Thursday, the High Court heard the defendant arrived with machinery on the property earlier this week to carry out works.
The Dorians, who claim Ms Black has no right to remove the flower beds, complained to gardaí. They fear such works will result in wrongful removal of the flower beds and the ivy on their wall.
Ms Justice Caroline Costello granted the Dorians, on an ex-parte (one party only represented) basis, an interim injunction preventing Ms Black interfering with the flower beds on lands measuring 45cm wide and nine metres long.
In their action, the Dorians want declarations they own the flower beds. Ms Black has no right in law to assert any title to the flower beds, they allege.
Oliver Costello BL, for the Dorians, said they apprehend the destruction of the ivy and flower beds “would wholly change the rustic character of their property”. While his clients had brought proceedings “with great reluctance”, they contend their front boundary extends outwards from the wall and the flower beds are part of their property, he said.
The property has been in Mr Dorian’s family since 1903, the court heard.
After granting the injunction, the judge adjourned the matter to next week. The judge, who expressed concern about the legal costs involved, agreed with counsel the matter should be remitted to the Circuit Court at the earliest possible opportunity.