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High Court, in injunction proceedings, directs the restoration of a grass verge abutting the plaintiff homeowner's property, the removal of a footpath placed thereon and damages for trespass in the sum of €10,000 arising from the local authority's carrying out of building roadworks at the verge, on the grounds that: 1) the plaintiff, by installing kerbing, permitting hedging to grow, trimming grass at the site and asserting his interest in the verge during a later planning process, had demonstrated that he has exercised control of the site such that the legal presumption of the existence of a public road or right of way extending between hedging boundaries at the site had been successfully rebutted; and the local authority had failed to establish, by maps or other evidence, that it successfully took charge of the site for the purposes of roadworks at the location.
Injunction application - restraining interference with road-facing boundaries of property, to restore said boundaries and damages for trespass - local authority granted planning permission for certain development at plaintiff's site - conditions - dispute as to whether or not grass verge near plaintiff's property have been taken in charge by local authority such that building may be carried out thereon by the respondent - concrete footpath currently on grass verge - definition of 'taking in charge' - extent of public road - average length of public road - presumption of 'from hedge to hedge' - legislation to be applied - grass margins are presumed to be part of the area dedicated as a public road unless there is evidence to the contrary - plaintiff's evidence - telecom box previously installed on verge - no objection by plaintiff prior to 2009 denied by plaintiff - evidence from plaintiff's son and a retired engineer within local authority - no extant maps showing limits of the 'taking in charge' of road by local authority - defendants' evidence - installation of phone box and water metre in the verge previously - plaintiff's purported lack of upkeep of verge - evidence from retired employee of local authority - council's purported maintenance of verge - legal presumption that ownership of land extends to middle of road abutting plaintiff's property - hedges define boundary of road in the absence of evidence to the contrary - no evidence from local authority as to how and when verge was 'taken in charge' - plaintiff has demonstrated an exercise of control over verge by his activities on site - certificate evidence of 'public road' at site is not dispositive of true nature and extent of area - €10,000 in general damages arising from trespass to site - footpath to be removed.
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