Q. Can you please advise me about my rights over the area of grass and path outside my front garden? My property map shows that title extends to the middle of the road. I ask this because my neighbour's dogs are continuously fouling on the footpath outside my house, while others park cars with wheels up on the grass verge. Is there anything I can do to deter this activity or enforce my ownership? Is it a local authority issue or mine? Is this area covered under my insurance policy?
A. It is necessary that you initially establish the nature of your ownership, if any, in this area. From your description it appears to be a roadside grass verge and footpath outside your boundary wall/fence, and is therefore unlikely to be your property. It is likely to be part of the public road and in the charge of the local authority. The property map you refer to may be a Land Registry (Property Registration Authority) map. Land Registry maps generally show registered properties to the centres of adjacent public roads. However the entire road including the footpath and grass verge may be in the charge of the local authority and maintained accordingly. Effectively your ownership is limited to the outer edge (roadside) of your front wall/fence. Your deed map should confirm this. It is highly unlikely that your insurance covers a portion of footpath and grass verge outside your property boundary.
The area you describe is therefore likely to be a public place and under the control of the local authority. Section 22 of the Litter Control Act 1997 makes it an offence for the person in charge of a dog not to clean up when the dog fouls a public place.
Your concern in relation to motorists is also understandable, motorists should not park with wheels on grass verges or footpaths. Dealing effectively with irresponsible dog owners and inconsiderate motorists in these situations may require tact and an appeal to their sense of public spiritedness and goodwill. It may be best to talk to your neighbours and explain the inconvenience that their dogs, or cars, are causing to you and seek their cooperation in resolving the issues.
Such an approach may be more effective and less stressful than invoking the law. There is a range of dog repellent products available that claim to be effective. Some householders place obstacles on grass verges to discourage motorists but this may result in a liability if they cause damage. Others plant a shrub or flowerbed. You may find that it takes very little to discourage both dogs and inconsiderate motorists.
Patrick Shine is a Chartered Geomatics Surveyor, a Chartered Engineer and a member of the Society of Chartered Surveyors Ireland, scsi.ie
