# legal position:blocking ones exit frm private hse in estate by parking in front of it



## Magee (7 Oct 2008)

What is the legal position re someone blocking ones exit from private house in estate by parking in front of it?


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## ClubMan (7 Oct 2008)

*Re: blocking exit*

Public road or private estate?


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## Magee (7 Oct 2008)

*Re: blocking exit*



ClubMan said:


> Public road or private estate?


private estate but I suppose the road outside is public?


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## ClubMan (7 Oct 2008)

*Re: blocking exit*



Magee said:


> private estate but I suppose the road outside is public?


Not necessarily. If it's inside the bounds of the private estate then it's presumably private too in which case the matter is one for the management company rather than an issue of general law as far as I know.


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## Magee (7 Oct 2008)

*Re: blocking exit*



ClubMan said:


> Not necessarily. If it's inside the bounds of the private estate then it's presumably private too in which case the matter is one for the management company rather than an issue of general law as far as I know.


Oh I see, it is a private estate then I guess as it is a council estate of affordable houses? So would it be the council to go to then? Thanks


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## Scotsgirl (7 Oct 2008)

*Re: blocking exit*

I live in a private estate, and woke up one morning to find someone had parked a car across my driveway and I couldn't get my car out.   I didn't recognise it, and called to a few neighbours to see if they knew anything about it, which they didn't.

I rang the guards and they came up in a few minutes and managed to push it out of the way. They told me it is illegal to block a driveway.  

I went out for couple of hours and when i came back the guards had removed the car completely. They thought it had been abandoned.

Perhaps try your local guards. Might be quicker in removing the car.


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## ClubMan (7 Oct 2008)

*Re: blocking exit*

Did the _Gardaí _know that it was a private estate? I would be surprised if they got involved if they did.


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## Magee (7 Oct 2008)

*Re: blocking exit*



Scotsgirl said:


> I rang the guards and they came up in a few minutes and managed to push it out of the way. They told me it is illegal to block a driveway.


I wonder if its a garda matter though? The car is gone now I just wanted to know for future ref


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## theoneill (7 Oct 2008)

*Re: blocking exit*



ClubMan said:


> Did the _Gardaí _know that it was a private estate? I would be surprised if they got involved if they did.



I would call the Gardaí anyway. We had a few parking issues on our estate (private) however it turned out that even though we had a managemant company the council was in charge of the road itself and therefore the standard regulations applied regarding parking and access. 

I still find it incredible that there are people about that think it's Ok to block somebodys driveway.


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## Magee (7 Oct 2008)

*Re: blocking exit*



theoneill said:


> thehowever it turned out that even though we had a managemant company the council was in charge of the road itself and therefore the standard regulations applied regarding parking and access. .


standard regulation ? you mean the garda?


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## theoneill (7 Oct 2008)

*Re: blocking exit*

Yes, they turned up and sorted the situation out. I wasn’t directly involved myself however all this came to light at the management company’s AGM. Anyway just because the estate is private doesn’t necessarily mean that the council / guards don’t have powers in relation to this. Maybe if the estate is gated then that could be a different story.


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## McCrack (7 Oct 2008)

*Re: blocking exit*

Blocking access to a driveway is illegal and the Gardai can take action if they so wish.
Parking in housing estates is obviously not illegal (if no yellow lines) once the vehicle is not causing an obstruction, blocking access, has a current tax disc displayed. 
This idea of residents on the luas line for example putting cones out on the street trying to discourage people parking has no legal basis.


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## ClubMan (7 Oct 2008)

*Re: blocking exit*



McCrack said:


> Blocking access to a driveway is illegal and the Gardai can take action if they so wish.


I would not have expected this to be the case in a privately managed development in which the roads are not public?


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## DavyJones (7 Oct 2008)

*Re: blocking exit*



ClubMan said:


> I would not have expected this to be the case in a privately managed development in which the roads are not public?



If the roads aren't public, could someone drink and drive around estate and or have no tax or insurance etc without penalty? I thought if it was a public right of way, as in the public can enter and exit, then it is a public road?


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## McCrack (7 Oct 2008)

*Re: blocking exit*

My understanding of the situation is that blocking access to a driveway regardless whether it's public or private is against the regulations:

Have a look at the interpretation section of the 1993 Reg and apply them to section 36 of the 1997 Regs: 

http://www.irishstatutebook.ie/1997/en/si/0182.html#zzsi182y1997a36

As regards Drink Driving/tax /ins the legislation defines what a public place is. Going by this definition a private carpark (eg pub carpark) /private grounds of a school/church etc would be an offence to drive drunk, no ins etc.

A situation where it would not be an offence to drive drunk, no ins would be on ones own land such as a farm or whatever. Essentially the public do not 'habitually cross' this property.


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## ClubMan (7 Oct 2008)

*Re: blocking exit*



DavyJones said:


> If the roads aren't public, could someone drink and drive around estate and or have no tax or insurance etc without penalty?


Can't you do that in your private garden/field if you choose?


> I thought if it was a public right of way, as in the public can enter and exit, then it is a public road?


That's my point - if it's not a public right of way (in the legal sense) and is only accessible to private residents of the private area (and their guests) then do the normal rules apply?


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## z105 (7 Oct 2008)

*Re: blocking exit*



> If it's inside the bounds of the private estate then it's presumably private too in which case the matter is one for the management company rather than an issue of general law as far as I know.



What if there is no management company in place ? Who then ? I.e. what if it hasn't been taken in charge either ?


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## aircobra19 (7 Oct 2008)

*Re: blocking exit*



Havealaugh said:


> What if there is no management company in place ? Who then ? I.e. what if it hasn't been taken in charge either ?


 
Then its the builder/developer. Which is common enough these days.


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## Happy Girl (7 Oct 2008)

*Re: blocking exit*



aircobra19 said:


> Then its the builder/developer. Which is common enough these days.


 
So does that mean that the roads within the estate are public or private ie within the ownership of the builder


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## aircobra19 (7 Oct 2008)

*Re: legal position:blocking ones exit frm private hse in estate by parking in front o*

Well it would be private. Its only public if the local authority has taken over. AFAIK


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## georgesoros (8 Oct 2008)

*Re: legal position:blocking ones exit frm private hse in estate by parking in front o*

is it legal for the manmagement company whether public or private to have no rules about where anyone can park, and even if they can block another person in, say by parking in front of a house garden gate which has no pedestrian pathway outside ?


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## aircobra19 (8 Oct 2008)

*Re: blocking exit*

Does this earlier post not cover that?



McCrack said:


> My understanding of the situation is that blocking access to a driveway regardless whether it's public or private is against the regulations:
> 
> Have a look at the interpretation section of the 1993 Reg and apply them to section 36 of the 1997 Regs:
> 
> ...


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## Happy Girl (8 Oct 2008)

*Re: legal position:blocking ones exit frm private hse in estate by parking in front o*



aircobra19 said:


> Well it would be private. Its only public if the local authority has taken over. AFAIK


 
Thanks Aircobra. I had been led to believe that it was public once the general public had access to it without having to seek prior permission from any residents irrespective of who had ownership of the estate. Do you know anywhere I might be able to get what you have said confirmed legally other than approaching a solicitor regarding this - perhaps some reference on internet?


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## aircobra19 (8 Oct 2008)

*Re: legal position:blocking ones exit frm private hse in estate by parking in front o*

Its been discussed here a few times pefore in relation to commuters parking in private & public estates. Maybe search for that, theres probably a few quotes from legal sources.


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