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ownership of footpath

  • 07-02-2012 6:57pm
    #1
    Closed Accounts Posts: 365 ✭✭


    Can a business own the footpath in front of it all the way out to the street? In other words can part of a footpath, the part in front of the business, be private

    Where can one find out where the land becomes private. Is there mapping in the local authority?


Comments

  • Registered Users, Registered Users 2 Posts: 5,288 ✭✭✭source


    Can a business own the footpath in front of it all the way out to the street? In other words can part of a footpath, the part in front of the business, be private

    Where can one find out where the land becomes private. Is there mapping in the local authority?

    Generally the council owns the foothpaths in cities or towns. Businesses have to pay rates to the council to put furniture (tables and chairs) on the street. At least thats how it works in Limerick, I would presume the rest of the country is the same.


  • Registered Users, Registered Users 2 Posts: 6,166 ✭✭✭Stereomaniac


    Is there a bit of a blind eye turned to this though? I worked at a café and I am pretty sure no rate was paid. "It's a bit Irish now in fairness."


  • Registered Users, Registered Users 2 Posts: 5,288 ✭✭✭source


    Is there a bit of a blind eye turned to this though? I worked at a café and I am pretty sure no rate was paid. "It's a bit Irish now in fairness."

    I think it depends on the council as to how strict it is. I don't see how it's "a bit Irish". Basically the company is using property that isn't theirs for financial gain.


  • Registered Users, Registered Users 2 Posts: 606 ✭✭✭time lord


    Can a business own the footpath in front of it all the way out to the street? In other words can part of a footpath, the part in front of the business, be private

    Where can one find out where the land becomes private. Is there mapping in the local authority?

    Yes business can own the path outside.
    Information on where private ownership starts or stops should be available from your local authority. Start with the front desk in their offices with your questions, can be much more effective than a phone call.


  • Registered Users, Registered Users 2 Posts: 26,713 ✭✭✭✭Peregrinus


    In older urban areas, typically property owners own the land up to the mid-point of the street, but the strip of land which represents the street (inc. footpath, verge, etc) is subject to a public right of way, and is “in charge” of the local authority, meaning that they maintain it.

    In more recently developed areas, property-owners typically do not own the street in front of their properties. It may be owned by the local authority, or by the shell of an estate development company. Again, it is subject to a public right of way, and is in charge of the local authority.

    Who does in fact own it? Well, if the council owns it, they will know that, so you could start there. If they don’t, then you want the Land Registry or the Registry of Deeds.

    There are two issues about putting out table and chairs on the footpath. First, are you obstructing the public right of way? Secondly, is this a development which requires planning permission (or any other kind of licensing/approval)? Both of these issues are primarily the concern of the local authority, so that is where you go to sort yourself out. I doubt that it makes much difference whether you actually own the land or not.


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