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sight lines - neighbour dispute

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  • 17-11-2017 2:08pm
    #1
    cuhullainn
    Registered Users Posts: 21 ✭


    When I purchase my property, the line of sight were in accordance with the RTA. Land Registry Folio showed clearly the "triangles" on either side of the private road leading to my property. I own the private road but either side of the road for the first 200 m neighbouring land.
    After 10 years of ownership, the property on the right side of my lane change ownership and a few years after we had a dispute sight lines as he wanted to increase the frontage wall of over 1.2 m (to contain their dogs). I blocked successfully their application for planning permission because of the impact on our line of sight.
    This resulted into a tit for tat wargame when he simply eliminated the "triangle" making accessing the main road be bit more "difficult" and a pain in the a***e for any truck coming up the lane (oil deliveries..etc). More over he planted bushes and trees which eventually completely blocked my line of sight.
    When I discussed this with planning they said that they don't get involved in any bushes inside his property but this was an issue to discuss with the council engineer responsible for road safety.
    My first response from the council was not their responsibility because it was related to access to non public road. I have ask them to review the issue in terms of the 1993 RTA section 70.... still awaiting...
    The other issue ( long term) is that by removing a pre-existing triangle to access the road, increase his frontage wall from 0.8 m to 1.2 m, and planning trees, he has in fact rendered my access to the property illegal ( no line of sight!) for any prospective buyer should I want to sell!!!

    Any comments?
    Tagged:


Comments

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    #2
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,139 Mod ✭✭✭✭BryanF


    Sounds like a civil mater, Employ a local engineer to formally draft what you have stated above, And then Seek legal advice.

    Or

    Agree an amicable solution with your Neighbour


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    #3
    cuhullainn
    Registered Users Posts: 21 ✭cuhullainn


    Amicale solution is not an option at this stage.(long story!!)
    We had the local council engineer to review and he came to inspect the issue. He agreed that there was a serious issue and ask us to refer to "his" boss in the county main town Council.. that is were things appear to dry out!
    However to have a certified independent engineer to help in drafting a "formal" letter is a good tip to follow on!!!


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    #4
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    Councils time being wasted in neighbours dispute. It's a civil matter for the court to decide.


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    #5
    mickdw
    Registered Users Posts: 23,347 ✭✭✭✭mickdw


    You say the triangles were shown on land registry. Do you therefore mean that the entire area within the sightline triangle was in your ownership or some of the sight line triangle?


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    #6
    cuhullainn
    Registered Users Posts: 21 ✭cuhullainn


    Maybe so, these disputes are "wasting" time. But the responsibility and accountability to maintain safe roads is still with the council in relation with RSA (according the planning authority). I am not only worried about my safety but also the safety of the road users who may not see me emerging on the road in time. These are narrow country roads where one has to stop on the verge to let incoming traffic to pass.
    I just want the responsible for road safety to come and see for himself and confirm that it is really a civil matter and not his responsibility. The can always change the speed limit from 80 to 50, put some signs (concealed entrance...etc).
    Cheers


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    #7
    cuhullainn
    Registered Users Posts: 21 ✭cuhullainn


    About the triangles, honestly I do not know. All I know is that when I bought the property they were there. In fact there was a ESB pole that had to be moved because of line of sight before the deal was sign of. However, the new owners of the neighboring property did remove the triangle on his side of the property claiming it was his property. So I expect there would be some issues if and when I want to sell my property because the line of sight are not anymore "legal".

    That I want to eventually discuss with my solicitor ( who was involved in the purchase of the property) whenever I have exhausted solutions through the council.
    There are some inconsistencies about the lines of sight in the road act of 1993 ( article 70,2). One would be refused to increase the frontage wall of a property if it would affect the line of sight but the same can plants bushes behind the said frontage wall and it becomes a civil matter???


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    #8
    mickdw
    Registered Users Posts: 23,347 ✭✭✭✭mickdw


    Get on landdirect.ie website and zoom in on your location and you will see the current registered boundary. If it's then clear that he has encroached on your property by occupying one of those triangles, it would be wise to have an Engineer peg the triangle then issue notice to neighbour that he is encroaching on your property.
    He will likely attempt to claim the area if he is left alone for long enough. You are then up sh1t Street if you can no longer comply with your planning.


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