Hi All,
Hoping some legal eagles can help me out here. I'm posting this query on behalf of someone else (let's call him Tom) and apologies if it's a bit long winded.
Tom purchased a terraced property a few years ago, which had an existing right of way attached to it. The right of way is a backway behind a number of terraced houses, and this house is the last house that has the right of way.
Some time ago, he applied for planning permission to demolish the existing house and build houses and apartments. This planning was granted by the local county council, but was appealed to An Bord Pleanala by the neighbour beside the terraced house and planning permission was overturned.
One of the conditions of the original planning permission granted by the local county council was that this right of way would be closed. He had no problem extinguishing his right of way if planning was granted as there would have been access through an archway at the front of the property, but as the planning was overturned, he has kept the right of way.
He has now decided to renovate the terraced house in such a way that it does not require planning permission, and has sent a letter to the residents of the terraced houses in front of the right of way to let them know that he will require access.
None of the other neighbours have a problem with this, but the adjoining neighbour who appealed the planning permission has indicated through a solicitors letter that he believes (due to the condition attached to the original planning permission, which was then overturned) that this is now a private backway and suggesting (reading between the lines) that he will not grant access.
So my query is if this gentleman (and I use that term in the loosest possible manner) blocks access to the right of way, what action can Tom take against him? Can he get the guards involved, or is this a civil matter and will he have to take the neighbour to court to gain access to his legitimate right of way?
Thanks for any help in answering these queries.
Pia
Hoping some legal eagles can help me out here. I'm posting this query on behalf of someone else (let's call him Tom) and apologies if it's a bit long winded.
Tom purchased a terraced property a few years ago, which had an existing right of way attached to it. The right of way is a backway behind a number of terraced houses, and this house is the last house that has the right of way.
Some time ago, he applied for planning permission to demolish the existing house and build houses and apartments. This planning was granted by the local county council, but was appealed to An Bord Pleanala by the neighbour beside the terraced house and planning permission was overturned.
One of the conditions of the original planning permission granted by the local county council was that this right of way would be closed. He had no problem extinguishing his right of way if planning was granted as there would have been access through an archway at the front of the property, but as the planning was overturned, he has kept the right of way.
He has now decided to renovate the terraced house in such a way that it does not require planning permission, and has sent a letter to the residents of the terraced houses in front of the right of way to let them know that he will require access.
None of the other neighbours have a problem with this, but the adjoining neighbour who appealed the planning permission has indicated through a solicitors letter that he believes (due to the condition attached to the original planning permission, which was then overturned) that this is now a private backway and suggesting (reading between the lines) that he will not grant access.
So my query is if this gentleman (and I use that term in the loosest possible manner) blocks access to the right of way, what action can Tom take against him? Can he get the guards involved, or is this a civil matter and will he have to take the neighbour to court to gain access to his legitimate right of way?
Thanks for any help in answering these queries.
Pia