Parking outside house Rural Road

B

Brandy1

Registered User
Messages
42
Hi,
We live in Rural Ireland, we are farmers and have a lend rented away from main farm. This land is on a small one lane traffic road. A homeowner adjacent to this land is disgruntled with many many things in life, and his new issue is with us parking our cars outside his boundary wall when we are moving animals. It is at most 2 cars and for a period of less than 5 mins, maybe 5/6 times a year. There is no where else to park. He has threatened legal action against us. Does anyone have any knowledge of this? I have spoken to council and some garda friends and they have all said just ignore him, but im concerned hes getting more and more abusive and intimidating.

Thanks
 
Blackrock1 said:
does he own the land outside his boundary? if not ignore.
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Well that is the question? I have had a look at the land registry and it says he owns entire road, as does the owner of the field opposite him. I have looked at the planning permission for said house and it states the boundary has to be stepped back 4 meters from road, and i have read up on the "General Boundaries Rule" which states, it is generally taken that a property owners land title extends only as far as propertys own boundary, hedge, wall etc
 
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From what you have posted there it sounds pretty conclusive that this person does indeed own that land. It's common that LAs mandate the stepping back of boundaries as part of planning permission to improve sight lines around entrances. That in no way asserts public ownership, or any right of the public to trespass on this land.

The General Boundaries Rule does not apply as there is conclusive evidence the property owner owns this land.
 
Ok but the folio directly across from this house also shows it owns the same plot?

Also, does he have a right to prevent parking, if the only alternative is for us to block the road which will convene part 36(k) of the Road Traffic Act?
 
Is that really the only place you can park? Are there any other places within walking distance that you could park? He does sound like he is being unreasonable but sometimes people just are and you have to work around it. You 100% should not be blocking the road.
 
It literally is, the next closest house which is about .5k away is a traditional 1940/50s house built right on the road, we would have to drive into their actually driveway and park behind their house. Other than that there is noting apart from the gate we use to put the cows in and out of, so we cant park here.
We have tried to be reasonable and literally just park for the minimum amount of time required and the second our gate is free we move the car to there, but noting keeps this man happy.
 
Then I guess your options are to seek permission from the house further away to park around their back, hoping that they are reasonable to this small request, or put up with the aggression from the closer neighbour.

Does the land owner have any sway with the closer neighbour?
 
Ask the landowner if you can drop a load of hardcore inside the gate of your boundary so you can park the cars off the road?

Are you moving the cows by foot or by trailer?

Are you removing the effluent from the road outside the homeowners house?
 
Scoobydoobydoo said:
Ask the landowner if you can drop a load of hardcore inside the gate of your boundary so you can park the cars off the road?

Are you moving the cows by foot or by trailer?

Are you removing the effluent from the road outside the homeowners house?
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We cant park at the gate of the land that would block the access for the animals.

Cows are moved by foot

And yes, any effluent is scraped and cleaned
 
S class said:
Buy a motor cycle, quad, e bike or a plain old push bike.
Or get a designated driver to drop you off and collect you.
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Hardly a solution, thats the answer from clearly a townie....it takes 3/4 people to move animals safely, so your solution of all of us taking a 10km bike ride to move cows isnt really practical, but thanks for the input
 
Is it a public road - ie is there a public right of way over it - do the council maintain it? If so and on the basis of minimum disruption you outrlined I would think you are ok as it is a normal necessity to carry out your business.
 
GingerH said:
Is it a public road - ie is there a public right of way over it - do the council maintain it? If so and on the basis of minimum disruption you outrlined I would think you are ok as it is a normal necessity to carry out your business.
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He's not parking on the public road, it's a single lane road so to do so would be illegal.
 
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