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Footpath / access question

  • 08-08-2007 7:54pm
    #1
    Closed Accounts Posts: 1,275 ✭✭✭


    Not sure where to post this.

    We are having various issues with our neighbour who is on the other side of our semi D property.

    What are the rules / laws with respect to vehicles being parked on an area which could be seen as footpath of each respective household?

    In other words, each house has a drive way, however a walk area or foot path crosses between each house in a straight line. We effectively share a communal foot path, however with a segment of it crossing over our collective properties.

    Is it legal to park a car with wheels on this at all? Is it seen as 'mine' or common / communal property?

    Thanks!


Comments

  • Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    No one here will be able to the advise you on your specific situation (read the charter)...


    but in general you have no more right to the park on public road outside your house than I do.....


  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    I was not asking for specific advice .... I hardly gave any description on what had happened.

    What I am asking simply is whether or not we are allowed to park on the side of our driveway on what could be considered as the footpath?


  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    The footpath on the road outside your house is not your private property so you have no rights over it.

    Decorum / manners / etiquette / social norms etc. is all that dictates that people should generally park outside their own place...


  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    OK, understood.

    Its not what I am asking.

    The question I pose is simply:

    Is it legal to park on such a 'footpath' which is the bit of cement slab adjacent to our (not worried about ownership here) property?

    Will have to take a photo soon .....


  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    Well is there a double yellow line?


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  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    What would be critical in the context is if a vehicle parked on this space would block your entrance. You are entitled to assert your right of way if so.

    Otherwise, there will be a yellow line(s) to indicate...


  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    Nope, no yellow line.

    The argument is that it is a footpath and that its illegal to park a vehicle in such a way that it obstructs the footpath. This is inside an estate, therefore not public road, although 'common' property.


  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    Its not specifically about obstructing a vehicle or driveway .... simply that it obstructs the footpath and therefore illegal.


  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    Realistically, who is going to enforce this breach


  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    Well, unfortunately it is the basis on which our neighbour and my wife had an argument on today. We have also somehow 'inherited' a rather large scratch on the rear of her car - with no obvious explanation on how it got there apart from presuming it could have been done in retaliation of us parking on the footpath area of the two properties .....


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  • Registered Users, Registered Users 2 Posts: 7,639 ✭✭✭PeakOutput


    there is a long enough thread on parking in estates in the property and accomodation forum you might find some usefull information there as far as i remember unless they are blocking your driveway they are not breaking any "enforceable" law. i say that as apparently the council will do something if they are blocking your driveway but if you simply complain that they have two wheels on the footpath in front of their own driveway say they will not do anything.

    forgetting the legalities of it it sounds like an extremely petty thing to be arguing over for whoever started it.


  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    Thanks - will try and read that.


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