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Non resident taking our parking spaces

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Comments

  • #102
    Newbie20
    Registered Users Posts: 696 ✭✭✭Newbie20


    As Patches O Houlihan would say

    “You gotta get meannnnn, you gotta get angryyyy”


  • #103
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,360 ✭✭✭Claw Hammer


    hullaballoo wrote: »
    I agree that in the ordinary course the curtilage including residents- (and their invitees-)only parking spaces would not be "a public place" in a private apartment complex such as the OP's. Provided there are no signs permitting public use etc.

    But it seems that the OMC which would or should have ownership over the common areas including the car parking spaces has been dissolved. By virtue of the State Property Act 1954, this land now vests in the State and therefore, there is a question over the status of the roadways and parking spaces.

    I am not saying I am right, I am simply putting this forward - the roadways and spaces are the responsibility of the owner, being the State. The State afaik delegates the taking in charge of roads to the local authority area the road is in. In such a case, the road and spaces may by operation of law be under the rubric of the relevant local authority. In that case, it becomes a public road which in turn makes it a public place.

    Just to add a caveat that I do not think this matters just that it's more interesting than bananas in exhaust pipes.
    In the case of the dissolved company, the owner is the Minister for Public Enterprise, not the State. The Minister for Public Enterprise makes a point of not intermingling with any property and certainly gives no instructions authority to any other arm of the state to deal with the property.


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