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Home Business & Right of Way

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  • 10-06-2020 11:01pm
    #1
    Registered Users Posts: 27


    My house is on a private lane over which I (and several neighbours) have a right of way. My question is, can I run a home business that would require clients to visit my property? Would this likely be allowed under a typical right of way? Would appreciate any guidance.
    Thanks in advance


Comments

  • Moderators, Society & Culture Moderators Posts: 39,333 Mod ✭✭✭✭Gumbo


    andholm wrote: »
    My house is on a private lane over which I (and several neighbours) have a right of way. My question is, can I run a home business that would require clients to visit my property? Would this likely be allowed under a typical right of way? Would appreciate any guidance.
    Thanks in advance

    Will you need Planning Permission for this?


  • Registered Users Posts: 27 andholm


    Gumbo wrote: »
    Will you need Planning Permission for this?

    Hi Gumbo,
    Do you mean planning permission for change of land use? I don't think we need to do this to run a small part-time home business. Although it is not child-minding, if we wanted to run a business like that that would see a few clients drop and collect kids to/from our home, would that be allowed on a typical right-of-way.
    Thanks


  • Registered Users Posts: 12,419 ✭✭✭✭Calahonda52


    What does it say in the RoW paper work?

    Will the clients be coming to the house or to an adjoining property?
    If the former you will have PPR CGT exemption problems.
    Most domestic home insurance policies won't permit it either, not to mind the addition PL required.
    The other wrinkle here is that suppose a client has an accident of some kind on the RoW.
    I would think he could sue all the relevant folk as I presume it's joint and several liability for maintaining the RoW

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users Posts: 27 andholm


    What does it say in the RoW paper work?

    Will the clients be coming to the house or to an adjoining property?
    If the former you will have PPR CGT exemption problems.
    Most domestic home insurance policies won't permit it either, not to mind the addition PL required.
    The other wrinkle here is that suppose a client has an accident of some kind on the RoW.
    I would think he could sue all the relevant folk as I presume it's joint and several liability for maintaining the RoW

    Hi and thanks for the reply.

    I'm having the RoW paperwork checked by my solicitor.

    The business would likely be run from a garden office/studio (I.e. separate structure).

    I know there'd be extra insurance requirements etc., but having a home business is surely not that usual and wouldn't be too onerous?

    The issue with the client having an accident on the lane confuses me - would that not apply to anyone visiting my house (friends, family, courier, etc.). It's a laneway that has several private houses on it with associted traffic.

    Really appreciate your help.


  • Registered Users Posts: 12,419 ✭✭✭✭Calahonda52


    Glad to share some ideas: perhaps you need to clarify with your Home Ins the position re the right of way in the interest of full disclosure, before adding in the business complexity, which will require planning for the separate structure

    “I can’t pay my staff or mortgage with instagram likes”.



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