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Who maintains a right of way?

  • 03-11-2010 12:19pm
    #1
    Mupp
    Closed Accounts Posts: 4 ✭


    Hello.

    This is my first post so hope I'm keeping within the rules.

    We have a right of way on the lane to our house. Today the farmer who owns the lane and surrounding fields is drawing trailer loads of muck in the rain and the lane is churned up in bits. This happens frequently. We understand he has to do his work and the weather is against us but it's leaving the lane in an awful state.

    Any opinions appreciated.


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Depends on the specific terms of the right of way. You need legal advice. Go to a solicitor.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,705 ✭✭✭✭coylemj


    Buy a 4 x 4.


  • #4
    Mupp
    Closed Accounts Posts: 4 ✭Mupp


    OK, will do that. Thanks for the reply.

    Have a 4x4, by the way.


  • #5
    coylemj
    Registered Users, Registered Users 2 Posts: 25,705 ✭✭✭✭coylemj


    Mupp wrote: »
    OK, will do that. Thanks for the reply.

    Have a 4x4, by the way.

    No prob, my sarcasm was based on the fact that you first registered on boards.ie on Oct 28th, said 'hello' in a newbie forum then revealed your true motive for registering by asking for free legal advice for a specific situation you find yourself in.

    What you should do instead is (1) talk to the farmer and if that doesn't work (2) see a solicitor.


  • #6
    Mupp
    Closed Accounts Posts: 4 ✭Mupp


    As I said, it was my first post. Did I do something wrong?


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  • #7
    Del2005
    Registered Users, Registered Users 2 Posts: 19,155 ✭✭✭✭Del2005


    It's against the law for a farmer or anyone to draw debris onto the road under Section 13 of the Roads Act 1993. AFAIK once the public can access it the lane would be considered a public road.
    ( 10 ) ( a ) A person who, without lawful authority or the consent of a road authority—



    (iii) excavates a public road,


    (iv) (I) places or deposits any material or thing on a public road,


    (II) permits dung or urine from an animal owned by him or any material or thing which falls from a vehicle owned or used by him, to be left on a public road, or


    (III) does any other thing,


    such that the material, thing, dung or urine or the doing of such other thing is a hazard or potential hazard to persons using a public road or obstructs or interferes with the safe use of a public road or the maintenance of a public road, shall be guilty of an offence.

    If you crash you can sue the farmer, so maybe have a word with him mentioning the above act.


  • #8
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    A private right of way is not a public highway.

    Technically interference with your right to use the right of way constitutes an nuisance for which you can get damages or an injunction in the circuit court.

    It would be difficult to succeed if all that is happening is a right of way across a field is becoming muckier.


  • #9
    Del2005
    Registered Users, Registered Users 2 Posts: 19,155 ✭✭✭✭Del2005


    gabhain7 wrote: »
    A private right of way is not a public highway.

    Technically interference with your right to use the right of way constitutes an nuisance for which you can get damages or an injunction in the circuit court.

    It would be difficult to succeed if all that is happening is a right of way across a field is becoming muckier.

    Would the farmer know the difference? If they are fouling a right of way as bad as the OP stated I doubt the public road is clear.


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