Property and Parking Issue

TinfoilTinman

General enquiry:

My private property has a driveway that can accomodate one car and space in front of the property that can accommodate another. A neighbouring private property regularly parks in such a way that it blocks my driveway, making it impossible for me to make use of my driveway and/or the space in front of my house.

Are there any property laws / by-laws in Ireland that prohibit the blocking of someone's driveway to a private property?

Kevin3

Road Traffic (Traffic and Parking) Regulations, 1997

Prohibitions on Parking

36. (1) Save as otherwise provided for in these Regulations and subject to article 5, a vehicle shall not be parked on a public road at a location, in a manner or for a purpose referred to in this article.

(2) A vehicle shall not be parked—

( a ) on that side of a section of roadway along the edge of which traffic sign number RRM 008 [double yellow lines] has been provided;
( b ) on a section of roadway where traffic sign number RUS 019 [No Parking sign] has been provided, during the period indicated on the information plate accompanying such traffic sign;
( c ) within 5 metres of a road junction;
( d ) on a section of roadway with less than 3 traffic lanes and where traffic sign number RRM 001 [continuous white line] has been provided;
( e ) on a section of roadway where traffic sign number RUS 020, in association with RRM 029 [appointed stand], has been placed to indicate that an appointed stand has been provided;
( f ) in any place, position or manner that will result in the vehicle obstructing, delaying or interfering with the entrance to or exit from a fire brigade station, an ambulance station or a Garda station;
( g ) in any place, position or manner that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, save with the consent of the occupier of such premises;
( h ) within 15 metres (on the approach side) or 5 metres (on the side other than the approach side) of a section of roadway where any of the following traffic signs have been provided—
(i) traffic sign number RPC 001 [Pedestrian Crossing];
(ii) traffic sign number RPC 002 [Pedestrian Crossing Complex]; or
(iii) traffic sign numbers RTS 00I, RTS 002, RTS 003 or RTS 004 [traffic lights];
( i ) on a footway, a grass margin or a median strip;
( j ) on a part of a roadway which is a casual trading area, during hours of trading, unless the vehicle is for the time being in use for the purposes of casual trading;
( k ) in a manner in which it will interfere with the normal flow of traffic or which obstructs or endangers other traffic;
( l ) where traffic sign RUS 031 [bus stop] or RRM 030 [stopping place or stand] has been provided unless the vehicle is an omnibus.

The gardai can issue tickets for this.

When you say there is another space at the front of your property do you mean on the footpath? Your neighbour could make a similar complaint if you park on a footpath.

MagicSean

That legislation applies to a public road and not a public place so it isn't always applicable in hopusing estates.

TinfoilTinman

Kevin3: You've been a great help. It is in a housing estate, does that make any difference to them blocking my driveway?

Kevin3

MagicSean wrote: »

That legislation applies to a public road and not a public place so it isn't always applicable in hopusing estates.

Roads Act, 1993
“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

As MagicSean clarified the estate would have to have been taken in charge by the local authority.

BrianD

What do you mean by space in front of your house? You wouldn't have any rights to a space on a public street.

In what way does he block your driveway?

ted1

my Bro, lives very close to dundrum shopping centre and often has cars partially obstructing his drive way. He just calls the calls and they have the car towed. he may well be single handily keeping the states finances from tottaly disappearing.