no access

networks

just lookin for ur opinions on this,opw(office of public works) changed direction of small river through our farmland and cut off 2 acres when they dug this out in the 1960's with no provisions for any access to our land on the other side of this small river,2acres now like a jungle in no mans land.opw still maintain this stretch of river every few years(CLEANING IT OUT)have been in touch with them numerous times about access,just wondering are they obliged to give me access to my 2 acres as they own and maintain this river,thanks

eagle_&_bear

I think you would need to look at the terms of work from the OPW. In any event, if you feel you're being given the run around, you might want to engage a solicitor but check the opw website and any acts which govern the works done.

check your local council for records befre you engage a solicitor to reduce costs

networks

thanks eagle&bear,contacted my solictor about it and he said if it happened now,i would be entitled to bridges etc,but 50yrs ago,outside of statute of limitations now,but they might do it with goodwill which they wont

eagle_&_bear

Erecting a bridge system was my initial thought but without seeing the terms of work, its always hard to say,

I'd still ask them. Try the line of destruction of lands and significant loss of revenues to you. It might get something from them. Failing that, you'd need permission to erect your own bridge, or at least, make sure it does not effect the water flow (otherwise they will charge you for the repair - the irony of it all!!)

Victor

How wide / deep is the river? Does it flood?

networks

victor, its bout 20ft wide and 6-8 ft deep,good flow of water most times,not prone to flooding as its well maintained,had opw engineer look at it 2 yrs ago who said it would cost up to 20000euro to bridge it to their standards which they wouldnt even part co-finance it with me.

eagle_&_bear

ouch!!

Is the 2acres that are the other side of the river accessible at all?

You could take a case against them but they will hit you with laches and acquiescence (aka prolonged delay) and it'll take a huge chunk off any award you might be likely to get, if indeed you'd be successful at all.

I'll have a look through some material tomorrow and see if there's any redress available.

Certainly, the statute of limitations will be a huge item to overcome in any event. Have you tried the old tried and tested route and plaguing your local counsellors and TD?

I'll check in any event

networks

yes eagle & bear,2 other farmers are bordering the 2 acres on the other side and i am afraid they could move in and claim some kind of adverse rights on the land,i got the opw engineer out because i got on to local TD who lobbied on my behalf,ur rite about the time lapse since it was done,my father at the time didnt really know his rights at the time and left them work away, thanks for help on this