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Bollards outside home, legal?

  • 09-06-2010 12:58pm
    #1
    Closed Accounts Posts: 1,783 ✭✭✭


    Consider sticking down bollards or posts of some sort outside my wall to prevent unwanted parking. I've heard though this may not be legal? Does anyone know what the situation is? I mean on the green area,roadside outside my wall. Thanks
    :)


Comments

  • Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    Freiheit wrote: »
    Consider sticking down bollards or posts of some sort outside my wall to prevent unwanted parking. I've heard though this may not be legal? Does anyone know what the situation is? I mean on the green area,roadside outside my wall. Thanks
    :)
    theres nothing to stop you, however the bollards would not be enforceable should someone decide to simply move them. You dont own the area outside your house.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭GerardKeating


    Freiheit wrote: »
    Consider sticking down bollards or posts of some sort outside my wall to prevent unwanted parking. I've heard though this may not be legal? Does anyone know what the situation is? I mean on the green area,roadside outside my wall. Thanks
    :)

    If the green area is your private property, there is no problem, otherwise you would need the permission of the owner of the property.


  • Closed Accounts Posts: 1,783 ✭✭✭Freiheit


    So I should find out where exactly the border is? part of the area is green which is probably mine but part is also stones and level with the road further down, it widens just beyond my house. If a car hit a bollard or post who would be liable?


  • Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    Freiheit wrote: »
    If a car hit a bollard or post who would be liable?

    You would be or could be anyway . So a chat with the roads dept of your local authority would be wise .


  • Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    you cannot interfere with property outside your wall.this is council property and you will be brought to court over it,and you will be liable if someone trips over it or crashes into it.


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  • Closed Accounts Posts: 48 cazzycaz


    You would need to get permission from your local authority.


  • Registered Users, Registered Users 2 Posts: 4,393 ✭✭✭Tefral


    If you live in the countryside, a condition of your planning would have been that your boundary wall must be so many feet from the centre line of the road, this is legally your property to maintain until the council actually take it over.

    We have huge rocks outside our house, as trucks were driving on the stones and pulling them out on to the road, we were sick of replacing them.

    We sought legal advice and we were told to paint the rocks in reflective paint, we did and everyone else can **** off until the council takes it over. (IF they ever do)


  • Registered Users Posts: 36 lignum


    Well if its outside your boundary it is illegal, Kildare Co Co had a big add on the back of the farmers journal a few weeks ago warning people about putting down rocks and stuff on the verge of the road.


  • Registered Users, Registered Users 2 Posts: 2,292 ✭✭✭RKQ


    I agree with lignum and michael999999.
    Putting stones on bits of grass outside your home is terrible. It looks awful, its a road hazard.

    The Council should sue everyone with stones on grass verge beside the public road.
    Drivers are required to pull in off the public road to park. Any road user can park outside your home, on a public road in a housing estate.
    Get over it, surely you have enough grass inside your boundary?

    If the stones rip the tyre off a car, cause injury or cause a fatal accident, how will you feel?
    I believe you will be found liable.


  • Closed Accounts Posts: 1,783 ✭✭✭Freiheit


    There isn't stones,it's just an untarmaced are outside my home, there isn't stones as such. I'll consult with the Council. I don't want univited cars parking outside my home.


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  • Moderators, Regional Midwest Moderators Posts: 11,180 Mod ✭✭✭✭MarkR


    That area has to be kept clear as part of the planning permission sought when the house was being built.


  • Closed Accounts Posts: 1,783 ✭✭✭Freiheit


    Is there any rights in relation to preventing cars parking? There's a pub nearby and it's a major problem.


  • Registered Users Posts: 36 lignum


    I wouldn't think so to be honest, I know it can be a pain in the ass especially if you need the parking yourself. But, once its outside your boundary its the councils land.
    It is very anoying though, if you need to pull in somewhere and people have rocks, blocks, bolards etc stuck on the verge of the road.


  • Registered Users, Registered Users 2 Posts: 775 ✭✭✭GSBellew


    The reason the councils require the boundary wall to be set back in country areas is to allow the home owner a safe visibility splay at a defined set back from the edge of the road, this verge is still in the ownership of the landowner, is not the public road & its sole purpose is to enable the house owner to safely exit their property.

    If people utilise this space as part of the public road it negates the safety benefit provided by moving the wall back, this is why people put obstacles, so that they can safely exit their driveway without having the front end of their car wiped out, it's not a passing space, it's the landowners safety space.

    You don't see too many complaints about kerbs at the roadside in built up areas.


  • Registered Users, Registered Users 2 Posts: 26,923 ✭✭✭✭Peregrinus


    Freiheit wrote: »
    Consider sticking down bollards or posts of some sort outside my wall to prevent unwanted parking. I've heard though this may not be legal? Does anyone know what the situation is? I mean on the green area,roadside outside my wall. Thanks
    :)
    Are we talking rural road here? Urban or suburban road? Housing estate? What? Is there a footpath? Is the "green area" planted or maintained, and by who?
    GSBellew wrote: »
    The reason the councils require the boundary wall to be set back in country areas is to allow the home owner a safe visibility splay at a defined set back from the edge of the road, this verge is still in the ownership of the landowner, is not the public road & its sole purpose is to enable the house owner to safely exit their property.

    If people utilise this space as part of the public road it negates the safety benefit provided by moving the wall back, this is why people put obstacles, so that they can safely exit their driveway without having the front end of their car wiped out, it's not a passing space, it's the landowners safety space.
    It's for the public benefit; the landowner has no special rights. The idea is that anyone using the gateway — not just the landowner — should have a clear line of vision so they can see traffic already on the road, and also that anyone proceeding along the road should have a clear line of vision so they can see people emerging from the gate.

    No-one should park so as to obstruct lines of sight to the gate. But, depending on the length of the OP's property frontage and the layout of the road, it might be quite possible to park outside his property, and not obstruct the necesary lines of sight.


  • Registered Users, Registered Users 2 Posts: 12,738 ✭✭✭✭Exclamation Marc


    Peregrinus wrote: »
    Are we talking rural road here? Urban or suburban road? Housing estate? What? Is there a footpath? Is the "green area" planted or maintained, and by who?


    It's for the public benefit; the landowner has no special rights. The idea is that anyone using the gateway — not just the landowner — should have a clear line of vision so they can see traffic already on the road, and also that anyone proceeding along the road should have a clear line of vision so they can see people emerging from the gate.

    It's 11 years since he posted that. I'm gonna take a guess that he's long made his decision by now...


  • Posts: 5,369 ✭✭✭ [Deleted User]


    Holy zombie thread Batman


  • Registered Users, Registered Users 2 Posts: 775 ✭✭✭GSBellew


    Peregrinus wrote: »
    Are we talking rural road here? Urban or suburban road? Housing estate? What? Is there a footpath? Is the "green area" planted or maintained, and by who?


    It's for the public benefit; the landowner has no special rights. The idea is that anyone using the gateway — not just the landowner — should have a clear line of vision so they can see traffic already on the road, and also that anyone proceeding along the road should have a clear line of vision so they can see people emerging from the gate.

    No-one should park so as to obstruct lines of sight to the gate. But, depending on the length of the OP's property frontage and the layout of the road, it might be quite possible to park outside his property, and not obstruct the necesary lines of sight.

    To maintain the clear line of vision for anyone exiting the property & for those using the public road to see people exiting the property the bounding edge of the public road has to remain where it was prior to any realignment of a boundary wall, fence or hedge, the realignment of any such boundary does not transfer ownership of the property outside of this to public ownership.

    There is no requirement for the area outside to be at road level, once the prerequisite visibility requirement at the set back is achieved.


  • Registered Users, Registered Users 2 Posts: 775 ✭✭✭GSBellew


    Holy zombie thread Batman

    Still relevant all the same.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Someone needs to stick a bollard up this thread...


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  • Registered Users, Registered Users 2 Posts: 26,923 ✭✭✭✭Peregrinus


    GSBellew wrote: »
    To maintain the clear line of vision for anyone exiting the property & for those using the public road to see people exiting the property the bounding edge of the public road has to remain where it was prior to any realignment of a boundary wall, fence or hedge, the realignment of any such boundary does not transfer ownership of the property outside of this to public ownership.

    There is no requirement for the area outside to be at road level, once the prerequisite visibility requirement at the set back is achieved.
    OP does not suggest that his boundary wall has been realigned.

    We do not know (and at this stage are unlikely to find out) whether the "green area" he refers to that is outside his boundary wall (a) is owned by the highway authority; (b) is owned by OP, but is part of the area dedicated as a public highway; or (c) is owned by the OP and is not part of the area dedicated as a public highway.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    GSBellew wrote: »
    Still relevant all the same.

    It took you 11 years to reply!!!!!?

    11 years.....


  • Registered Users, Registered Users 2 Posts: 2,569 ✭✭✭Squeeonline


    It took you 11 years to reply!!!!!?

    11 years.....

    Thorough research?

    Could be a professor of Bollards by now and really stand out in that field!


  • Posts: 5,369 ✭✭✭ [Deleted User]


    GSBellew wrote: »
    Still relevant all the same.

    Not to the op


  • Moderators, Home & Garden Moderators Posts: 10,145 Mod ✭✭✭✭BryanF


    Thread closed. Please check the last post date, before posting.


This discussion has been closed.
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