Our rear garden is substantially overshadowed by a number of very large Leylandii trees. The trees are in the rear garden of a house that backs on to our back wall. The house is in a gated community.
About 12 years ago we determined that the house was rented out and contacted the letting/management company on numerous occasions to request that the trees would be managed. They ignored us. We eventually cut them ourselves and received no objection.
No maintenance of the trees has been undertaken since, despite our many attempts to engage with the management company. The house appears to be unoccupied.
We are now considering engaging directly with the owner, in the hope that that they may take action. How do we get contact details? Is there a publicly accessible register?
Aisling Keenan writes: The issue of boundary disputes and trees such as this one is common and has the potential to be one of the most contentious issues that arises between neighbours. "Wretched, drawn-out affairs,"' according to Tadhg Kelly's book entitled, Neighbours and the Law where, at the end of the day, the time, effort and stress involved may far outweigh the value of the piece of land or tree in question. What will be important in this case is to approach the owner of the unoccupied house in a manner which is likely to provide you with a favourable response in order to deal successfully with this matter.
Kelly also notes that under common law, a person may cut back any branch or root from a neighbours’ tree that overhangs or encroaches on to his or her property. The courts have long recognised that branches and roots of trees do not respect legal boundaries and have made clear and unequivocal statements of the law in this regard. The courts deem the transgression of roots and branches as constituting a nuisance and, under the common law one has the right to abate or stop such a nuisance.
You can find the owner’s details at the Property Registration Authority of Ireland.
The Registration of Title Act 1964 s.107(1) provides for the making of land registers open to public inspection and so it is possible for any member of the public to identify who the owner of a property is. The Property Registration Authority was established with a wide range of functions including the promotion and extension of registration of ownership of land.
When a property is registered, all relevant details about the property are contained in documents known as folios. The folio is guaranteed by the State to be a confirmed record of the title to the property that it refers to. The folio is divided into three parts: the first describes the land and references maps; the second contains entries of the name and address of the owner; and the third contains entries relating to burdens.
The folio can be used to establish who has the title or ownership of a property without having to read the original deeds. If the property is not registered in the Land Registry, it may have been dealt with by the Registry of Deeds.
To search for a folio or title plan you can go to landdirect.ieor you can inspect a plain copy of a folio in the Property Registration Authority's public offices at a cost of €5. It is also possible to request a certified copy for €40. The Property Registration Authority is located at Chancery Street, Dublin 7.
- Aisling Keenan is a property managing agent and consultant, and an associate member of the Society of Chartered Surveyors Ireland, scsi.ie
