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Dumping in private property

  • 03-07-2012 07:55AM
    #1
    Registered Users, Registered Users 2 Posts: 10


    Hello all,

    I live in the country side area, there is a path that goes up to my house and then to my neighbours. Now, before that path gets to my house, there is a 2 acre landsite that belongs to someone else. This individual has been dumping building waste on both side of the road, in front of his land. He has been doing this for over 2 years now and the pile of rubish is quite large. When it rains, all the debris scatters on the road and it is close to a forest. It is a rather dirty and ugly sight.

    Now, I contacted the Environment Department of Cork City council, and initially they agreed that there was a violation and asked the landowner to clear the place and stop dumping. Now, this never changed, so I contacted the department again, complaining that their request had not been carried out by the landowner. This time around, they just said that there was nothing they could do because it was a private property and that I should seek a solicitor.

    Now, my question is:

    Does someone has the right to dump so much waste just on the side of the road, polluting the area and causing a negative impact on the value of my property? Shouldnt the Cork City Council be responsible to carry out my compaint instead of me doing it personally? If I speak with a solicitor, is there any civil law actually being breached by the landowner?


Comments

  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,600 Mod ✭✭✭✭Robbo


    Zirkzail wrote: »
    Hello all,

    I live in the country side area, there is a path that goes up to my house and then to my neighbours. Now, before that path gets to my house, there is a 2 acre landsite that belongs to someone else. This individual has been dumping building waste on both side of the road, in front of his land. He has been doing this for over 2 years now and the pile of rubish is quite large. When it rains, all the debris scatters on the road and it is close to a forest. It is a rather dirty and ugly sight.

    Now, I contacted the Environment Department of Cork City council, and initially they agreed that there was a violation and asked the landowner to clear the place and stop dumping. Now, this never changed, so I contacted the department again, complaining that their request had not been carried out by the landowner. This time around, they just said that there was nothing they could do because it was a private property and that I should seek a solicitor.

    Now, my question is:

    Does someone has the right to dump so much waste just on the side of the road, polluting the area and causing a negative impact on the value of my property? Shouldnt the Cork City Council be responsible to carry out my compaint instead of me doing it personally? If I speak with a solicitor, is there any civil law actually being breached by the landowner?
    Trespass, nuisance and for good measure, there may be a bit of Rylands -v- Fletcher in there as well. Go and have a consultation with a solicitor.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    This is one area where the UK has it right. Strict liability when it comes to highways.

    Atleast thats what I remeber from last year :)


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