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

M

Magee

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

Magee said:
private estate but I suppose the road outside is public?
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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.
 
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.
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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
 
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.
 
Re: blocking exit

Did the Gardaí know that it was a private estate? I would be surprised if they got involved if they did.
 
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.
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I wonder if its a garda matter though? The car is gone now I just wanted to know for future ref
 
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.
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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.
 
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. .
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standard regulation ? you mean the garda?
 
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.
 
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.
 
Re: blocking exit

McCrack said:
Blocking access to a driveway is illegal and the Gardai can take action if they so wish.
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I would not have expected this to be the case in a privately managed development in which the roads are not public?
 
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?
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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?
 
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.
 
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?
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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?
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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?
 
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.
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What if there is no management company in place ? Who then ? I.e. what if it hasn't been taken in charge either ?
 
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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