Trees (Disputes Between Neighbours) Act 2006

The council may, after obtaining an order of a court in proceedings against an owner of land for the recovery of costs in accordance with section 17 (8), apply to the Registrar-General for registration of the order in relation to that land.

An application under this section must define the land to which it relates.

The Registrar-General must, on application under this section and lodgment of the court order, register the order in relation to the land in such manner as the Registrar-General thinks fit.

There is created by force of this section, on the registration of the order, a charge on the land in relation to which the order is registered to secure the payment to the council of the amount payable under the order.

Such a charge ceases to have effect in relation to the land—

if the council certifies in writing that the amount payable under the order has been paid to the council or that the council has otherwise agreed to the cancellation of the charge—on registration of the cancellation of the charge by the Registrar-General, or

on the sale or other disposition of the property with the consent of the council, or

on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,

Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the order was registered and, in the case of land under the provisions of the Real Property Act 1900, is subject to every prior mortgage, lease or other interest recorded in the Register kept under that Act.

Such a charge is not affected by any change of ownership of the land, except as provided by subsection (5).

If—

such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and

the charge is so registered,

If such a charge relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.

A council that makes an application under this section for registration of a court order may, by notice in writing, require the person against whom the order was made to pay all or any of the reasonable costs and expenses incurred by the council in respect of the registration of the court order. The council may recover any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.

In this section, a reference to an order of a court includes a reference to a judgment of a court.