Parking outside house Rural Road

[Leo]

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?

The roadway itself is often shown on both plots.

He absolutely has a right to prevent you trespassing on his property. He has zero obligation to facilitate you parking close to any property that you own or lease. Think about it, would you feel obliged to let anyone who so chooses park a car on your driveway just because they want to visit someone close by?

 

[Brandy1]

The true situation is much clearer now !

How so?

 

[Brandy1]

Inside the gate to the side, (next to the crush/pen?), no blocking of animals....

If they are being moved by foot, sounds like no car needed at all?

Inside the gate to the side, (next to the crush/pen?), no blocking of animals....

If they are being moved by foot, sounds like no car needed at all?

The land is 10km from our main farm. A car is necessary.

We can ask the landowner to do this, but by doing this we remove part of the land for agricultural purposes and that would effect the landowners farm subsidies, so highly unlikley

 

[misemoi]

And if you do attempt to illegally park on the road I am sure close neighbour would be following up on this too. It's less than ideal with no good solution, I would think speaking with the other neighbour about parking around their house might be the lesser of two evils.

(and full disclousure rural raised townie based now but well aware of grumpy neighbours in both scenarios!)

 

[Brandy1]

The roadway itself is often shown on both plots.

He absolutely has a right to prevent you trespassing on his property. He has zero obligation to facilitate you parking close to any property that you own or lease. Think about it, would you feel obliged to let anyone who so chooses park a car on your driveway just because they want to visit someone close by?

But i am not parking within his driveway, its along the road on outside of his fence.

Just to note, if 2 cars meet on this road, cars do and will pull in along his fence.

 

[Brandy1]

And if you do attempt to illegally park on the road I am sure close neighbour would be following up on this too. It's less than ideal with no good solution, I would think speaking with the other neighbour about parking around their house might be the lesser of two evils.

Yes i think you are correct. We will have to try that.
Thanks

 

[TomEdison]

It's not uncommon, in rural areas, for a property owner to own the land right up to the centre line of the roadway (with the owner on the other side owning the land on the other side of the centre line). The fact that the planning regulations require them to set the boundary wall/fence some way back doesn't change the fact that they own the land right up to the centre line.

But, in relation to the strip of land which has been dedicated as a public road, their rights of ownership are subordinated to the public's right to use the land as a road.

Members of the public have a right to pass along the roadway, with or without vehicles. The owners cannot prevent this.

The question here is whether the rights of members of the public extend to parking on land dedicated as a public road. Believe it or not, there isn't an absolutely authoritative ruling about this, so far as I know. But the general view is that parking your vehicle, as an incident of using the roadway, is covered (subject to any road traffic regulations which may forbid parking, or impose a charge for parking, in a particular location).

So, parking your car on the road beside, or reasonably convenient to, the property you are visiting, for the duration of your visit, is probably fine, so long as it's not parked in a way that causes a nuisance (blocking a gate, impeding motorists' line of sight, that kind of thing). But parking your car as a form of indefinite storage, until you next happen to need it, would not be.

 

[Brandy1]

It's not uncommon, in rural areas, for a property owner to own the land right up to the centre line of the roadway (with the owner on the other side owning the land on the other side of the centre line). The fact that the planning regulations require them to set the boundary wall/fence some way back doesn't change the fact that they own the land right up to the centre line.

But, in relation to the strip of land which has been dedicated as a public road, their rights of ownership are subordinated to the public's right to use the land as a road.

Members of the public have a right to pass along the roadway, with or without vehicles. The owners cannot prevent this.

The question here is whether the rights of members of the public extend to parking on land dedicated as a public road. Believe it or not, there isn't an absolutely authoritative ruling about this, so far as I know. But the general view is that parking your vehicle, as an incident of using the roadway, is covered (subject to any road traffic regulations which may forbid parking, or impose a charge for parking, in a particular location).

So, parking your car on the road beside, or reasonably convenient to, the property you are visiting, for the duration of your visit, is probably fine, so long as it's not parked in a way that causes a nuisance (blocking a gate, impeding motorists' line of sight, that kind of thing). But parking your car as a form of indefinite storage, until you next happen to need it, would not be.

Many thanks for your reply.

We don't want to cause any trouble, but just want to have an idea of our rights etc. We have never had an issue like this before with anyone and our approach of trying to be friendly, than trying to ignore etc is simply not working. Even at the start of year when we were planning on spreading slurry, we called to inform him the day before, just to be nice etc. I am just concerned he is getting more and more intimidating, yesterday it was pictures, texts and shouting abuse at us. I am just waiting for the guards or a solicitors letter to arrive.

 

[Blackrock1]

Many thanks for your reply.

We don't want to cause any trouble, but just want to have an idea of our rights etc. We have never had an issue like this before with anyone and our approach of trying to be friendly, than trying to ignore etc is simply not working. Even at the start of year when we were planning on spreading slurry, we called to inform him the day before, just to be nice etc. I am just concerned he is getting more and more intimidating, yesterday it was pictures, texts and shouting abuse at us. I am just waiting for the guards or a solicitors letter to arrive.

deal with it then if they do, they will probably validate (or invalidate) his complaint.

 

[Scoobydoobydoo]

The land is 10km from our main farm. A car is necessary.

We can ask the landowner to do this, but by doing this we remove part of the land for agricultural purposes and that would effect the landowners farm subsidies, so highly unlikley

Are you moving the cows 10km on foot?

The amount of hardcore required to park 2 cars inside the boundary is immaterial in the calculation of subsidies. (no impact on mine...)
A bit of self help will go a long way or just ignore the homeowner.

 

[Brandy1]

Are you moving the cows 10km on foot?

The amount of hardcore required to park 2 cars inside the boundary is immaterial in the calculation of subsidies. (no impact on mine...)
A bit of self help will go a long way or just ignore the homeowner.

No, our house/main farm, is 10km away from this plot of land.

Really ,thats interesting that it didnt effect your subsidies, we got ours reduced on our own owned land for that exact reason, we had a small space an entrance to a field where we has come machine parked and it was disallowed, we also had a plot disallowed because bales were on it. The joys of the department, its pot luck.

 

[Ceist Beag]

What does the owner of the land you are renting from say on the matter? Was the field in use before you leased it and if so how did the previous tenant manage?

 

[Brandy1]

What does the owner of the land you are renting from say on the matter? Was the field in use before you leased it and if so how did the previous tenant manage?

We havent spoken to them yet, we thought it would settle, we didnt want to be bothering them to be honest, But we will have to contact the letting agent and see if they can help. I know the site for this particular house was part of this original field.

 

[TomEdison]

We don't want to cause any trouble, but just want to have an idea of our rights etc. We have never had an issue like this before with anyone and our approach of trying to be friendly, than trying to ignore etc is simply not working. Even at the start of year when we were planning on spreading slurry, we called to inform him the day before, just to be nice etc. I am just concerned he is getting more and more intimidating, yesterday it was pictures, texts and shouting abuse at us. I am just waiting for the guards or a solicitors letter to arrive.

Honestly, I can't see the Guards taking an interest in this, unless you are parking in a way that causes an obstruction or a traffic hazard, which presumably you're not.

A solicitor's letter you can probably ignore.

His next step after that, if he were to take a next step, would be to issue court proceedings seeking damages for trespass (which, even if he were to succeed, would be nominal; what damage has he actually suffered?) and an injunction restraing you from parking on the road outside his house. I think it's wildly unlikely that he would go so far as to issue proceeding; it would cost him money and he must know that his chances of success would be dismally small.

Is there anything you can do that will stop him expressing his displeasure and shouting abuse and threats? Not really, no, apart from finding somewhere else to park. (Like infront of his house but on the opposite side of the road?)

 

[Zenith63]

We don't want to cause any trouble

I know it can be hard to see this when you’re stuck into a situation, but when you’re purchasing folios and posting online to ‘know your rights’ you have already crossed that line. My recommendation is stay away from this person and save yourself any more stress.

 

[FinCork]

I know it can be hard to see this when you’re stuck into a situation, but when you’re purchasing folios and posting online to ‘know your rights’ you have already crossed that line. My recommendation is stay away from this person and save yourself any more stress.

agreed lot of townies on here massively overthinking it suggegsting spending thousands on legal route or buying vehicles like quads to appease him. he's a quare fellow, leave him at it.Do your own thing and leave him to his.

 

[Leo]

But i am not parking within his driveway, its along the road on outside of his fence.

You are parking on his private property beside a public road.

Honestly, I can't see the Guards taking an interest in this, unless you are parking in a way that causes an obstruction or a traffic hazard, which presumably you're not.

Correct, it's a civil matter so they're unlikely to intervene.

Edited to add, if the OP does continue to park here, the property owner may well complain and find out that the Gardai will take no interest. In that event, it is likely that they will install a barrier or items like flower pots as you see all over the country to protect the strip of land in front of houses from damage caused by vehicles driving or parking on it.

 

[Clamball]

Parking on the roadway on the opposite side of the neighbours gateway and boundary wall is I think the best solution. You are not blocking the road, as cars can pass you out by encroaching on the neighbours land momentarily and you are being nice to your neighbour by not parking on his land. Maybe in the summer when the ground is firm you can park in the field for a few minutes.

 

[Fortune]

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?

There are many alternatives that don't involve parking there or in the middle of the road.

 

[Brandy1]

There are many alternatives that don't involve parking there or in the middle of the road.

I am open to suggestions