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Who owns what? Council or Resident

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  • 23-09-2014 9:13pm
    #1
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭


    Some time back a neighbour widened his garden gate and wanted to extend the width of the path outside and lower the level to the road so he could drive in, hope you understand. He wasn't allowed to do it himself and had to apply to the council, anyway the work was eventually carried out by the council.

    Now to another scenario with another neighbour who had vermin exiting a hole in the grass verge outside his house and he called in the council but they came, looked down the hole, as they do, and told him it wasn't the council's responsibility as everything on the footpath outside his house was his responsibility.

    Another neighbour up the road last year had drain problems and called in the Council as he believed the drain was bunged up under the footpath but the Council said that was his responsibility.

    So legally, who really owns what? And why does it change in different cases?


Comments

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    #2
    Rogaine2
    Banned (with Prison Access) Posts: 109 ✭✭Rogaine2


    Was the first owner a council tenant and the second two private tenants/owners?


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    #3
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    All private residents.


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    #4
    Kelly06
    Closed Accounts Posts: 509 ✭✭✭Kelly06


    Rats are usually dealt with by the health board not the Council. It was for me on two occasions anyways.


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    #5
    Rogaine2
    Banned (with Prison Access) Posts: 109 ✭✭Rogaine2


    You can write to the relevant Co. Co. Planning Authority. You'd have to write about each individual case though I think. Each case is taken on its own merit.


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    #6
    L1011
    Registered Users Posts: 68,903 ✭✭✭✭L1011


    Some older properties do in theory own the land to the centre line of the road; I've a feeling some councils try to shirk responsibilities due to that. In my case I've seen the land maps and the council does here, I only own to the fence.


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    #7
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    I have a map of the estate when the houses were built in the 60's, how can I tell if the council own the path or not?


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    #8
    Rogaine2
    Banned (with Prison Access) Posts: 109 ✭✭Rogaine2


    Jellybaby1 wrote: »
    I have a map of the estate when the houses were built in the 60's, how can I tell if the council own the path or not?

    You ask the council


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    #9
    Kelly06
    Closed Accounts Posts: 509 ✭✭✭Kelly06


    Also the thing about the footpath is called dishing the footpath and there is a charge for it see here:

    http://www.dublincity.ie/main-menu-services-roads-and-traffic-road-maintenance-and-street-repair/modify-footpath-allow

    Your neighbour probably had to pay for it.


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    #10
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    MYOB wrote: »
    Some older properties do in theory own the land to the centre line of the road; I've a feeling some councils try to shirk responsibilities due to that. In my case I've seen the land maps and the council does here, I only own to the fence.
    Rogaine2 wrote: »
    You ask the council

    Thanks, maybe I misunderstood MYOB, I thought he/she meant that the map actually showed him that the council owns the path


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    #11
    Rogaine2
    Banned (with Prison Access) Posts: 109 ✭✭Rogaine2


    The council are slow, but in my experience, if they 'own or are liable' for something, try proposing doing something to it and they'll suddenly take ownership!


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    #12
    moxin
    Registered Users Posts: 1,203 ✭✭✭moxin


    The council owns the footpath. Dishing the path has been done by residents without permission in certain areas over the years, doubt the council would pursue the matter if its not interfering with safety\traffic regulations and the neighbours are not bothered.


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    #13
    Victor
    Registered Users Posts: 78,422 ✭✭✭✭Victor


    Jellybaby1 wrote: »
    Some time back a neighbour widened his garden gate and wanted to extend the width of the path outside and lower the level to the road so he could drive in, hope you understand. He wasn't allowed to do it himself and had to apply to the council, anyway the work was eventually carried out by the council.
    Creating a driveway needs both planning permission and for the council to dish the footpath.
    Now to another scenario with another neighbour who had vermin exiting a hole in the grass verge outside his house and he called in the council but they came, looked down the hole, as they do, and told him it wasn't the council's responsibility as everything on the footpath outside his house was his responsibility.
    That sounds odd.
    Another neighbour up the road last year had drain problems and called in the Council as he believed the drain was bunged up under the footpath but the Council said that was his responsibility.
    Assuming the drain was only used by one house, then in all likelihood, it was blocked by the activities of that house. Typical problems are people flushing things that shouldn't be flushed, e.g. disposable nappies and heavy duty tissue paper (the untearable stuff).
    moxin wrote: »
    The council owns the footpath. Dishing the path has been done by residents without permission in certain areas over the years, doubt the council would pursue the matter if its not interfering with safety\traffic regulations and the neighbours are not bothered.
    Depending on how people do it, it can also block the gutter. Care should be taken to make sure that there is adequate protection to any services under the footpath.


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    #14
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    Victor, what do you mean by 'sounds odd'. Would you say that it was actually the Council's job to sort out the rat problem at the grass verge? They said the council only deals with the road not the paths and verges.

    Regarding the drain problem, its a private estate of semi-d houses and there are several houses on the line so it wasn't just the one house.

    We are all baffled by the different answers from the council, 'you own it', 'we own it'. :confused:


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    #15
    Victor
    Registered Users Posts: 78,422 ✭✭✭✭Victor


    Jellybaby1 wrote: »
    Victor, what do you mean by 'sounds odd'.

    ...

    They said the council only deals with the road not the paths and verges.
    I'm guessing someone said "the council only deals with the road", when in fact "road" (not "roadway" or "carriageway") includes the footpath and verges.
    Jellybaby1 wrote: »
    Would you say that it was actually the Council's job to sort out the rat problem at the grass verge?
    Yes.


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