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Road Widening

  • 07-09-2012 8:49pm
    #1
    Registered Users, Registered Users 2 Posts: 2


    Hi Folks, new to boards.ie.
    Just quering if anyone would know if i should seek legal advise. Basically my local county council want to widen the road outside my house. To do this they need to remove maybe 3 to 4 ft of grass verge from part of my property. I have no problem with the council widening the road as we live in a rural area with lots of traffic using it as a cross country 'rat run' - its dangerous to walk or even cycle the road. Doi just let the council take without seeking what i think s called 'an easement' ANy help would be greatconfused.png


Comments

  • Registered Users, Registered Users 2 Posts: 5,346 ✭✭✭dowlingm


    Do you have a survey which says that is actually your property? My local council actually owns about 2-3 feet of my front garden but because of where the pavement is built there's no issue - but in theory if I planted something a bylaw officer could object to they can technically tell me take it out.

    Keep an eye on draining - removing verges played havoc around my family's area as there was nothing to slow the flow of water.


  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    Doi just let the council take without seeking what i think s called 'an easement' ANy help would be greatconfused.png

    OK. This is a bit technical.

    An easement is a right to use your property ( a wayleave). If the council take your land under easement and someone crashes on/in it you are liable. So they must take it completely as in you transfer it to them outside the wall, voluntarily or compulsulory.

    Ensure they clear drainage up and footpath and wall design issues fully.

    If you do not agree all of those design issues they can still take the land under CPO but a lot of the time it is easier and MUCH faster to agree it with you ....in writing of course.


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