Willed a problem

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norbatious

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Hi ive recently been willed a portion of land that is a bog / wetland, part of which over the past 20+yrs has been filled with hardcore as land reclaimation.

Some of this infill was done by my dad and i can recall the county council used to off load some of there soil and hardcore in this area .

Recently i had a visit from the envoirnment section of the same co co who have inspected the area and are demanding that the material be removed at my cost, this land is valued at about €60k and the cost of removal will be double this .

where do i stand as i have been willed this problem and they now state i am the holder of there waste , as it is now been called.

Its that bad i cannot even give this bit of land away.

All help appreciated.
 
norbatious said:
they now state i am the holder of there waste , as it is now been called.
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I don't understand this bit.

Can you appeal the decision? How come it took 20 years for this illegal dumping (?) to come to light and pique the interest of the local authority?
 
The Co co state that the person in posession of the waste ie the holder is responsible for the removal, so if you go on hols and leave your gates opened someone can tip all there rubble, rubbish whatever and its now your problem.

This is what Iam been told, was with a solicitor and he has confirmed this, even if I was to give it away on the contract there is a clause stating that there is no known waste (let it be rubble or soil) issues.

Actually there is nothing only soil and builders rubble in the area , cause for years I have lived next to it and walk through it nearly every other day,
havesome old photos of the area before i built my house and after and it shows the area been partly filled.
 
Contact local TD or County Councillor and explain your situation to them.
They might be able to help.
 
any chance that you could send off a letter from your own solicitor to the cc, stating that you are the new owner of said lands and asking them to immediately remove the waste, illegally dumped by their employees?
 
norbatious said:
Hi ive recently been willed a portion of land that is a bog / wetland, part of which over the past 20+yrs has been filled with hardcore as land reclaimation.
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Has it actuallly been transferred to you? Can't you decline a bequest.
 
yes it has been transferred, and i dont think it would be wise to challenge the Co Co.

I just cannot believe that you can be held responsible for someone elses actions, also the co co have more powers than the Gardai they have the right to walk right into your property without any notice.

This problem could cost me my home.And it will never ever go away.
 
Just to clarify, was it property bequeathed to you from your Dad (who was doing the infilling) or from somebody else? It is hard to believe that you could end up losing your home over this. I can't see any judge in the land allow that to happen.

A first step might be to escalate to senior level within the authority. A local councillor might be able to help with this. Refer to 'natural justice' in your claim, saying that it is just plain wrong that you could be held liable in such circumstances. You'll probably need to engage a solicitor to advise you on the legalities. Maybe the worst case scenario is that you would have to hand over or sell the land in question to cover the costs?
 
Do you have proof that the council were dumping on the land? Under the freedom of information act you can apply for copy work records from the council to double check this.
 
Yes the land was signed over by a relative who since passed away.

Have been with a solicitor he said all i can do is sit and wait until the council make a move, got a letter from the CC stating that they were going to dig test holes and put a cost to remove the said waste at my expense.
Solicitor told me to write to the CC and ask for all information regarding this problem , under the FOI act, but i dont want to ruffle anyones feathers, should I?.

I have been with both a local councillor and a TD both say there is not a lot they can do.

I dont think there would be any CC records of the material tipped , but the CC man that was over the local area can verify that they used to tip soil and rubble on a small scale over fifteen years ago
 
norbatious said:
Solicitor told me to write to the CC and ask for all information regarding this problem , under the FOI act, but i dont want to ruffle anyones feathers, should I?.
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Are you kidding me? They are going to charge you 120k to remove waste from the land, at least part of which they themselves dumped, and you are just going to roll over and let them? If it were me I'd be getting a signed affidavit now from that CC worker to verify the dumping, getting all work records and FOI information possible, getting on to my TD/ the Minister for local Gov, AND the ombudsman. AND anyone else that could help.
 
norbatious said:
yes it has been transferred, and i dont think it would be wise to challenge the Co Co.
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Why on earth not? They are going to challenge you otherwise. Pull yourself together. You said yourself that you could lose your home - do you not think that it is worth considering challenging this!!!!

norbatious said:
also the co co have more powers than the Gardai they have the right to walk right into your property without any notice.
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Really? Under what jusirdiction? I'm open to correction but I'm pretty sure they have to get a warrant like anyone else.
 
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