Gated laneway

mincepie

i live in an area that has gated laneways.myself and my neighbour are perpendicular to one of the lanes and an other neighbour is parallel to it so his garden run the length of the lane way(he has access to another lane,no access to our)he has always dumped his garden waste into our lane and its compleatly blocked.it always annoyed me but i never used the lane so never did anything about it,now i want to build a shed at the back of my garden and i have no access.
i contacted the corpo and they were delighted to tell me its not their problem,i also contacted my local residents assoc and they dont seem to want to get involved either........any ideas.cheers.

antiskeptic

mincepie wrote: »

i live in an area that has gated laneways.myself and my neighbour are perpendicular to one of the lanes and an other neighbour is parallel to it so his garden run the length of the lane way(he has access to another lane,no access to our)he has always dumped his garden waste into our lane and its compleatly blocked.it always annoyed me but i never used the lane so never did anything about it,now i want to build a shed at the back of my garden and i have no access.
i contacted the corpo and they were delighted to tell me its not their problem,i also contacted my local residents assoc and they dont seem to want to get involved either........any ideas.cheers.

Dump the junk back over his wall? Ask him to clear it up?

Is he bigger than you?

ztoical

Can you not talk to him about helping you clear the lane way? If you haven't been using it and never said anything to him before he's most likely not thought anything about chucking his garden waste over there. I'm not saying he was right in doing this, he wasn't but you don't want to start some massive feud over it this I hope. I've seen people near my mums house fall out over something very similar that resulted in both sides posting huge sign in front of their houses explaining why they are in the right....has gone on for nearly a decade now.

I'd speak to him and tell him your planning on using you lane and could he spare a day to help you shift all the stuff from the lane or split the cost of hiring someone to do it. If he says no then clear the lane and any future waste he chucks over I would chuck right back.

Faolchu

anything identifiable in it? you could report him to the local litter warden

the_syco

Faolchu wrote: »

anything identifiable in it? you could report him to the local litter warden

I'd go this route as well.

mincepie

thanks for the replies,i am annoyed i have left it this long,i did enquire a long time ago and was told it was basically up to me then as well,did not fancy calling in to see him as he would say it was nothing to do with him(same goes for now)i did contact the litter warden,hope to hear back from him...........i priced a mini digger and was surprised to hear that it would cost 130 for the day(self drive)i might just pust it around the corner outside his back gate.

Faolchu

or dump it back over his wall

the_syco

Faolchu wrote: »

or dump it back over his wall

Worst idea possible. All they have to do is video you doing so, and they can sue you.

Ray Palmer

mincepie wrote: »

thanks for the replies,i am annoyed i have left it this long,i did enquire a long time ago and was told it was basically up to me then as well,did not fancy calling in to see him as he would say it was nothing to do with him(same goes for now)i did contact the litter warden,hope to hear back from him...........i priced a mini digger and was surprised to hear that it would cost 130 for the day(self drive)i might just pust it around the corner outside his back gate.

As it is gated it is consider private property and the litter warden will do nothing about it. The residence association are really the people you need to pursue on this. They would have been instrumental in getting the gates put up so it actually as a result of their action the problem arises. It is effectively communal property and it is often overlooked by people doing it that such problems can arise.

First and foremost you should at least approach him and ask the guy who dumped the stuff if he would move it. He may actually surprise you by agreeing to move it.

Victor

Ray Palmer wrote: »

As it is gated it is consider private property and the litter warden will do nothing about it.

Actually, no. Litter wardens will deal with litter / dumping anywhere. They won't deal with general grime, graffiti, etc. on private property though.

The_Conductor

To be honest with you- I think the best course of action is to hire a large skip and dump the garden waste in it (unless its naturally composted and you're willing to use it in your own garden). Once you've cleared the refuse- you need to talk to the neighbour- it sounds like they've just habitually been tossing it over a hedge, without thinking of the consequences, a little friendly word (rather than going in all guns blazing) might be very productive. You have to live with the neighbours, there is no point in declaring war on them over the mess.......

The_Conductor

Ps- why would the residents association have anything to do with this? Just curious......?

Victor

smccarrick wrote: »

Ps- why would the residents association have anything to do with this? Just curious......?

Not directly. However, in many case where laneways have their public right of way closed, it is at the request of a residents' association.

the_syco

smccarrick wrote: »

it sounds like they've just habitually been tossing it over a hedge

There's a field behind my house which I toss grass out to, when I cut the lawn. Your neighbour may see the laneway as a unowned area, and may be mortified to learn it's owned by you.

No1J

smccarrick wrote: »

Ps- why would the residents association have anything to do with this? Just curious......?

To gate off lane ways you have to call to all those who have entrances off the lane way to make sure they have no objection.Then the council will post planning permission, The usual objectors are those at the gates as they are the first to be asked to open them for access.

goat2

you and the neighbour who have use of this laneway, if i were you, i would go to the neighbour who is tossing his garden waste on your ground, and politely tell him that you would be happier if he stopped it as it was making it harder for you to walk there and you would like to keep it tidy, tell him that you are thinking of hiring someone to clear up the stuff he trew over your wall, see if he offer to clear it up or pay to have it cleared

Senna

Wait till the next day he's cutting the grass, wait for him to dump the cutting over the wall and stick your head over, asking would he mind not doing that anymore as your planning to start using the lane way.
Start chatting to him, if the conversation goes good he might even offer to give you a hand, but either way i would just get a trailer and start carrying it away myself (no point starting a argument with a neighbour if he's going to stop dumping).

Ray Palmer

Victor wrote: »

Actually, no. Litter wardens will deal with litter / dumping anywhere. They won't deal with general grime, graffiti, etc. on private property though.

Well when I was at a residence meeting it was said the litter warden would not do anything about the same issue. The reason given was it was private communal property. There were politicians there who agreed this was the case and their hands were tied too. There was talk of a what legal recourse there was which broke down into similar suggests here about dumping it back.

the_syco

http://www.citizensinformation.ie/en/environment/environmental_protection/litter_law.html

Illegal dumping

The litter laws have increased the powers of your local authority to combat the problem of illegal dumping of refuse and rubbish. If you see someone dumping illegally, you should report the matter to your local authority who will investigate and take any necessary enforcement action.

Alternatively you can report illegal dumping to a 24 hour lo-call telephone number 1850 365 121. Local authorities, the Environmental Protection Agency and an Garda Síochána will follow up on the information given as appropriate. Information that you give can be treated confidentially although you are encouraged to give your contact details as authorities may wish to follow-up with you in relation to the investigation of illegal dumping.

If your local authority finds material that is illegally dumped and establishes the identity of the owner of the material, that person will have a case to answer without necessarily having to be caught in the act. In addition, extra powers are also available to your local authority to require a householder or business operator to indicate how and where they are disposing of their waste. This is particularly relevant if the householder or business owner is not availing of a refuse collection service or is not bringing their waste to an authorised disposal facility.

Maybe ring the above number?

doctor evil

the_syco wrote: »

There's a field behind my house which I toss grass out to, when I cut the lawn. Your neighbour may see the laneway as a unowned area, and may be mortified to learn it's owned by you.

Please don't do that, I doubt the landowner appreciates it.

If there are horses in the field than the clippings can cause colic.

the_syco

doctor evil wrote: »

Please don't do that, I doubt the landowner appreciates it.

If there are horses in the field than the clippings can cause colic.

Don't worry, there are no horses. There used to be cows, but not for the past 15 years (funny story: cows jumped over the low wall at the bottom of the garden to eat the grass in the garden one winter 23 years ago, so my dad build a higher wall ).

Some of the field has been turned into a small park, and there are walkways around it (but not near by back wall). I think the landowner is a developer whose planning permission to build 80 new houses got turned down...

Victor

Ray Palmer wrote: »

Well when I was at a residence meeting it was said the litter warden would not do anything about the same issue. The reason given was it was private communal property. There were politicians there who agreed this was the case and their hands were tied too. There was talk of a what legal recourse there was which broke down into similar suggests here about dumping it back.

Because they didn't want the responsibility / flak.

No1J

Ray Palmer wrote: »

Well when I was at a residence meeting it was said the litter warden would not do anything about the same issue. The reason given was it was private communal property. There were politicians there who agreed this was the case and their hands were tied too. There was talk of a what legal recourse there was which broke down into similar suggests here about dumping it back.

Yes it is the responsibility of the residents backing on to the lane but if you contact the warden as a once off act of good will they would normally remove the rubbish especially if there was help from a number of residents.

Victor

Sorry, when I said the litter warden, I was talking about prosecution, not removal.