# Public liability insurance  for laneway at rear of house



## KerryTheDog (20 Feb 2016)

There is a laneway (width of a car) running along the rear of my house. The laneway is under the charge of Dublin City Council. The laneway is not gated (anybody can walk in or out). There are 4 terrace houses in a row who have rear access using this laneway. My solicitor told me that I actually own the square of the laneway behind my house and the houses to my left have a right of way over it. My insurance company said that my policy does not cover public liability on this laneway (makes sense given anybody can easily trespass on laneway). My solicitor said that it's the owner (rather than DCC) that would be liable if somebody had an accident and sued. I tried to get cover but various insurance companies refused.

Does anybody have relevant experience or advice on such matters? Thanks.


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## Jumpstartdublin (20 Feb 2016)

Do you have any written confirmation of title/ right of way


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## cremeegg (21 Feb 2016)

As I understand it eveyhouseholder owns the road adjacent to their property out to the centre. Your situation is no different just because it is a lane at the back rather than a road at th front.

As the council has taken the lane in charge they are responsible for its condition and would be liable for any issues arising from that.

This is just my understanding and I claim no special expertise


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## KerryTheDog (21 Feb 2016)

Jumpstartdublin: The plot of the laneway is clearly indicated as part of the main site on map from land registry.

Cremeegg: In general I do not think householders own the road adjacent to their property (unless its indicated as such in the title deeds/maps). I think this can be seen from a quick look on landdirect. My understanding is that while DCC are responsible for it's condition, ultimate responsibility could fall on the owner if owner negligence was proven.

It's difficult to source info online on how these laneways work/what DCC are responsible for.


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## peteb (22 Feb 2016)

If you own the laneway as part of your house, your insurance policy does cover it.  Ask them to point out where in the policy it excludes it.  

Definition of premises is usually The buildings and the land within the boundaries belonging to them.


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## DirectDevil (22 Feb 2016)

The title deeds - more specifically the mapping on the title document(s) - are not always conclusive evidence of ownership and that is one of the problems with this type of situation.

I would endorse Jumpstartdublin's point about written confirmation of right of way. For example, we have a shared drive at the side of the house. It is shared with the adjacent property only. The two properties respective title deeds contain permanent undertakings that each property must give the other right of passage over it by vehicle or on a horse ! I would look for any such provision in your deeds.

Additionally, I would seek written confirmation from DCC on their position in relation to ownership of the driveway. Specifically, I would be exploring the proposition that the lane is effectively the same as a public road.

I cannot see how the insurers can refuse to cover the risk if the lane can be likened to a public road.

BTW the concept of ownership in relation to land can be a bit fluid. If you have used the land as if you owned it you could have effective title to it by adverse possession for 20 years plus (not always an advantage !). Equally, if neighbours have been exercising right of passage over it for a similar term of years they may acquire an easement or right to traverse it.


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## Learner2015 (23 Mar 2016)

Hi Kerry - did you ever get this resolved, I am in a similar situation?


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