Parking outside house Rural Road

I'm with Scooby on this.

Each payment entitlement has to be backed by 1 Ha of Utilisable Agricultural Area.

1 hectare is 10,000 square metres.

A 10x10 parking area would be 100 square metres; I get confused at times - but by my calculations that is an area loss of 1% of a Hectare.

Am I missing something? That seems pretty immaterial to me.
 
Honestly, i dont know, just every year for last few years our area allowed for payment has reduced for silly things, we have questioned it with our advisor and he has said it is correct.

But i will definetly do more research on this.

Thanks
 
Leo said:
He absolutely has a right to prevent you trespassing on his property.
Click to expand...
There are two types of trespass, criminal and civil.

Civil trespass is simply parking on the man's land, which seems to be taking place. The landowner would have to identify you and take court action you to get you to cease. I highly doubt he would ever do this given high cost and incredibly low chance of success given that he is not suffering actual damage.

Criminal trespass involves both entry to the man's AND engaging in behaviour which would cause fear or disturbance. Parking a half or dozen times a year is not vaguely in this category and AGS will take no action.

IANAL.
 
I am not sure what this has to do with anything, i have previously said we do all of the above, if any dirt on road we clean etc. Leave as we found. This is not or has never been an issue, it is simply this man who just doesnt want us to park a car...not a tractor or anything like that, outside his boundary wall.
 
You are an amazing farmer. You can park your cars, get your cattle moved, the road cleaned up and get back to move your cars. All done in less than 5 minutes.

My recommendation is that you travel in one car. 3 seated in the back + 1 in the front + driver. 4 of you do the cattle run and the driver remains in the car for the 5 minutes on the roadway. Then in the unlikely event that the car is causing an obstruction he can move the car.

Leave the householder in peace to get on with his miserable life.
 
Dr Strangelove said:
I highly doubt he would ever do this given high cost and incredibly low chance of success given that he is not suffering actual damage.
Click to expand...
OP doesn't state if the area is hardcore or suitable to withstand the weight of a car. Most rural homes I see have the area grassed, and certainly not suitable for traffic. Perhaps OP might have mentioned that if it was the case here but parking on grass is damaging.
 
Did you ask permission before hand?

What would you do if there wasn’t a house there?

Lots of houses with a set back wall but some sort of bollards out front to prevent cars or trucks pulling in.

Is it grass or hard surface.

To be honest the first point is the most important. It’s his land if you didn’t ask permission before starting I can understand.

I’m sure you would feel the same about someone using your land for convenience.
 
I can't see the main question here being answered, is it a public road, maintained by and in the control of the council, or is it a boreen across private land. If the latter, then it may come down to things like a public right of way etc.

In fairness to the house owner, what would happen if someone had an accident where the cars are parked? Would his insurance be liable for it.? Even though it sounds like he is a blow in with no knowledge of how rural Ireland works from a practical perspective, he may have a genuine gripe to complain.

Would a cheque for a few bob make him go away. ?
 
Are you not blocking the road when the cattle are moving along it anyway? So can you not leave your car blocking the road for the few mins while you get the cattle also, given that it is going to be blocked anyway?
 
Its hardcore not grass
 
Yes it is a public road maintained by the council, and very recently the council repaired a pothole on this area.


Alkers86 said:
Are you not blocking the road when the cattle are moving along it anyway? So can you not leave your car blocking the road for the few mins while you get the cattle also, given that it is going to be blocked anyway?
Click to expand...
No, cars would have to slow down to pass the moving cows, but road not blocked. There would be at max 10 cows.

So,

Anyway, we have received advice and told to continue about our business as we were, and that any further intimidation we should report to guards. That by law, noone can prevent anyone from short term parking in these areas as they are deemed a part of a public road, in that in allows space for cars meeting to safely pass, and legally if an accident was to occur at this exact position with eg 2 cars etc that the homeowner is not in anyway liable but by putting up such signs or indeed physical objects they are in fact taking presumption of ownership and can be than held liable.......

I hope this settles it for everyone
 
Brandy1 said:
they are in fact taking presumption of ownership and can be than held liable.......
Click to expand...
Presumably the person you sought advice from is a practising solicitor who reviewed the folio. What did they say about same showing the other party owns the land? The purpose for the set back for the provision of sight lines is well documented, parking cars in them will very likely reduce those sight lines so could be considered a hazzard. I've never seen evidence that the LA can just assume they are part of the public road, ore carry out any works on them without purchasing or permission of the owner.

Assuming the folio confirms they own it as you said earlier, they're not taking presumption of ownership. It's been covered in legal questions in one of the papers years ago that people are entitled to erect obstacles to stop people parking or driving in these areas. There is an obligation to ensure they are visible so as not to create a hazard though.
 
You must log in or register to reply here.
Menu
Log in
Register