house entrance question

walkingshadow

Hi,
I have a house in Tipp county that I bought 2 years ago. The house is located on a rural road. Directly across from my house on the other side of the road is my neighbours house (his front entrance faces my entrance). Every day when this guy backs out his drive to turn his car, he backs across the road into my entrance drive. I rencently put up a gate in my entrance which prevents him from doing this. Just today I got a snidy solicitors letter from him telling me to take my entrance gate down on my property because he can't turn no more. Should I even respond to this ludicrous letter?

GerardKeating

walkingshadow wrote: »

Hi,
I have a house in Tipp county that I bought 2 years ago. The house is located on a rural road. Directly across from my house on the other side of the road is my neighbours house (his front entrance faces my entrance). Every day when this guy backs out his drive to turn his car, he backs across the road into my entrance drive. I rencently put up a gate in my entrance which prevents him from doing this. Just today I got a snidy solicitors letter from him telling me to take my entrance gate down on my property because he can't turn no more. Should I even respond to this ludicrous letter?

I assume relations are a bit strained, since they sent a letter, rather than just asking "nicely".

It is possible that if they have been doing this for many years, they might claim a right of way over your property.

Did you put the gate just to prevent him going this, or did you erect the gate for other reasons?

Bogger77

whatever about right of way, and I doubt he'd have much chance of a court granting that. I'd call into my solicitor, check my deeds and tell him to go away, he's breaking the law reversing onto a road in any case.


A gate in rural area, is security, and a defense against wandering animals from entering your property. Even if he had right of way privileges, an unlocked gate wouldn't restrict his access. He can simply open and close it.

He sounds like one of the ignorant *ankers, who think they own everything. A solicitor will write a letter to anyone for 50quid !

walkingshadow

GerardKeating wrote: »

It is possible that if they have been doing this for many years, they might claim a right of way over your property.

How in gods name could he have a 'right of way' into my private property for the means of turning his car? I understand fully if there was an access issue, etc. but this guy has the nerve to send me a letter complaining that my gate isnt letting him turn his car easily!

arthur daly

Throw it in the bin and forget about it.untill you have a letter with a court date there is nothing to worry about.
Or of you want to have a little fun write back to the solicitor saying you had the gates erected for security purposes(if anything got robbed or tresspassing on your property the first question the gard will ask is were the gates shut) and will not be removing them and any further contact made to your solicitor...xxxxx....I guarantee you won't hear another word

Mr. Incognito

Don't even bother replying to that eijit.

Wasted energy.

MarkAnthony

walkingshadow wrote: »

How in gods name could he have a 'right of way' into my private property for the means of turning his car? I understand fully if there was an access issue, etc. but this guy has the nerve to send me a letter complaining that my gate isnt letting him turn his car easily!

Unless you've many years experience in land law I wouldn't discount the possibility there isn't a colourable case that could involve in nuisance litigation for sheer devilment.

Other than that seems that many are venting their frustrations on people only trying to help in this thread. Quite odd IMHO.

billy few mates

Or if you have kids (or pets) say that you're worried about their safety because some idiot from across the road keeps reversing blindly onto your property and you're worried he might run over them...

conorh91

How necessary is this gate?

I once came across a case of which was the result of a decade-long feud between neighbouring farmers over one farmer closing a gap just inside his property, which the neighbouring family had long-availed of as a shortcut to their yard. Cue years of verbal sniping, criminal damage, and eventually, assault and battery. All those years of bitterness and thousands in legal costs over six metres and split-second acrimony.

I know you're within your rights OP, and it's disputes like this that put some poor sod's kids through school so thank the Lord for bad neighbours.

But when people quote the lines 'good fences make good neighbours', they do realise that was intended as a sarcastic statement, right?

Communication and pragmatism make good neighbours.

MarkAnthony

conorh91 wrote: »

But when people quote the lines 'good fences make good neighbours', they do realise that was intended as a sarcastic statement, right?

Very few do, constantly cited much to my amusement.

slimjimmc

Bogger77 wrote: »

whatever about right of way, and I doubt he'd have much chance of a court granting that. I'd call into my solicitor, check my deeds and tell him to go away, he's breaking the law reversing onto a road in any case.

Doesn't that prohibition only apply to reversing from a minor road onto a larger road. I understood that reversing from a private entrance onto any road is legal when done with due regard for other road users?

walkingshadow wrote: »

How in gods name could he have a 'right of way' into my private property for the means of turning his car? I understand fully if there was an access issue, etc. but this guy has the nerve to send me a letter complaining that my gate isnt letting him turn his car easily!

AFAIK there are a number of ways to establish a 'right of way' and it may have existed prior to you buying the property 2 years ago. Don't know if it carries over to new owners though.

Is there any reason why this neighbour can't reverse into his own driveway or adapt his property to allow him turn around on his own ground.

Gatling

Is this the same neighbor who thought your fence was encroaching on their property

nuac

1. I never heard of a claim of easement or right of way to reverse across the road into another's property.

2. I cannot see why you could not put up a gate into your own property

3. Your neighbour should surface some ground inside his property so that he can turn within his property, or at least widen his entrance. This may require planning permission.

4. Try to keep the law out of it. Ask him to meet you for a chat. You do have to live near each other. If he won't talk to you, some go-between may be able to break the ice. I have known Gardaí who helped in such situations.

5. I see you have come to the area recently. There may have been a dispute there in the past. I have known people who try to keep such disputes going with new owners, often over trifling matters

6. My experience from a life-time in law in the West of Ireland is that

(1) good fences do make good neighbours, unless of course they become mobile ( moving overnight )

(2) there is a lot of truth in John B Keane's "The Field"

(3) Litigation over land etc disputes can leave bitterness for generations. I know of cases where a well meaning Circuit COurt judge pushed parties into settling and a grudging handshake. A few years later they are in court again.

(4) There is often a suggestion that "only the lawyers gain" in these matters.
Not so. The poorer the land, the more vicious the dispute. Time and nervous energy costs, and such disputes absorb plenty of both. Such files could take over an office. Any sort of TR would show the matter has blown all budgets.

arthur daly

nuac wrote: »

1. I never heard of a claim of easement or right of way to reverse across the road into another's property.

2. I cannot see why you could not put up a gate into your own property

3. Your neighbour should surface some ground inside his property so that he can turn within his property, or at least widen his entrance. This may require planning permission.

4. Try to keep the law out of it. Ask him to meet you for a chat. You do have to live near each other. If he won't talk to you, some go-between may be able to break the ice. I have known Gardaí who helped in such situations.

5. I see you have come to the area recently. There may have been a dispute there in the past. I have known people who try to keep such disputes going with new owners, often over trifling matters

6. My experience from a life-time in law in the West of Ireland is that

(1) good fences do make good neighbours, unless of course they become mobile ( moving overnight )

(2) there is a lot of truth in John B Keane's "The Field"

(3) Litigation over land etc disputes can leave bitterness for generations. I know of cases where a well meaning Circuit COurt judge pushed parties into settling and a grudging handshake. A few years later they are in court again.

(4) There is often a suggestion that "only the lawyers gain" in these matters.
Not so. The poorer the land, the more vicious the dispute. Time and nervous energy costs, and such disputes absorb plenty of both. Such files could take over an office. Any sort of TR would show the matter has blown all budgets.

Hats off,that's honestly the best solution to the problem.

goz83

Erect bigger gates. If he complains again, erect another set in front of the existing ones.

I have a grumpy neighbour across the road. He has always been a grump and I have never seen the man smile in my entire life. I was reversing out of my driveway and the way cars were parked on the road, i couldn't manouvre to turn on the road, so i reversed up onto the path in front of his garden and I could see him scowling in the rear view mirror. Made my day :pac:

Life is too short to respond to shîte like that

Marcusm

GerardKeating wrote: »

I assume relations are a bit strained, since they sent a letter, rather than just asking "nicely".

It is possible that if they have been doing this for many years, they might claim a right of way over your property.

Did you put the gate just to prevent him going this, or did you erect the gate for other reasons?

How would it be a right of way if he is simply using it to turn his car rather than to access his own property?

billy few mates

goz83 wrote: »

Erect bigger gates. If he complains again, erect another set in front of the existing ones.

I have a grumpy neighbour across the road. He has always been a grump and I have never seen the man smile in my entire life. I was reversing out of my driveway and the way cars were parked on the road, i couldn't manouvre to turn on the road, so i reversed up onto the path in front of his garden and I could see him scowling in the rear view mirror. Made my day :pac:

Life is too short to respond to shîte like that

It's you....! :eek:

punisher5112

Hi looking for some help..

I have always reversed my car out of my driveway and into my neighbours across the road but they put in a gate.

I went to my solicitor and he sent a letter on my behalf.

I see now though how silly this sounds.



On a serious note op.

Wow your neighbour sounds like a great one to have around its a tuff one I would ignore and also wondering is it allowed or possible to park outside possibly just to wind him up probably not the best idea but I like a bit of fun :-D

Victor

GerardKeating wrote: »

It is possible that if they have been doing this for many years, they might claim a right of way over your property.

To claim a right of way, don't you need to be going somewhere - the casual visitor to your premises can hardly claim a right of way over your driveway as he goes back out the way he came in.

slimjimmc wrote: »

Doesn't that prohibition only apply to reversing from a minor road onto a larger road. I understood that reversing from a private entrance onto any road is legal when done with due regard for other road users?

It's stronger than that.

http://www.irishstatutebook.ie/1997/en/si/0182.html

Reversing

12. (1) Before reversing, a driver shall ensure that to so reverse would not endanger other traffic or pedestrians.
(2) A driver shall not reverse onto a major road from another road.
(3) A driver shall not reverse from a place adjacent to a public road onto a public road save where it is clear to the driver that to so reverse would not endanger other traffic or pedestrians.

walkingshadow

Thanks for the replies folks- I know this guy hasn't a leg to stand on, but he is stupid and has alot of money, so I'm expecting more from him on this. I always understood a right of way involved access from one property to another- but this guy is essentially too incompetent to turn on his own property that he expects I am to facilitate him? I wonder what he would do if my house wasn't there and there was just a ditch across the road from him?

punisher5112

I would say he would drive into ditch and send it a solicitors letter as he really sounds that thick.

Keep us all updated on this eventful going ons.

Bogger77

stick some reflectors on the gate, just in case he claims he didn't see it, and accidentally "hits" it.

Personally, living in a rural area, I'd make sure a cheap but good CCTV camera was pointing at my driveway, and those images would be stored.

Valetta

walkingshadow wrote: »

Thanks for the replies folks- I know this guy hasn't a leg to stand on, but he is stupid and has alot of money, so I'm expecting more from him on this. I always understood a right of way involved access from one property to another- but this guy is essentially too incompetent to turn on his own property that he expects I am to facilitate him? I wonder what he would do if my house wasn't there and there was just a ditch across the road from him?

If he can drive into his driveway without using your gateway, then he can reverse out the same way.

MarkAnthony

Valetta wrote: »

If he can drive into his driveway without using your gateway, then he should be able to reverse out the same way.

FYP - Watching culchies parallel park in Dublin should be televised it's that entertaining.

Uno my Uno.

Its your property OP, you can do with it as you choose. If he believes he has somehow obtained the right to prevent you using your own property as you see fit it, ie stop you from gating your drive way so as he can use it to turn, it is up to him to show that right.

amen

MarkAnthony wrote: »

FYP - Watching culchies parallel park in Dublin should be televised it's that entertaining.

watching 90% of the driving population parallel is fun

Claw Hammer

As a general principle I would tend to respond to any solicitors letter as the fact of a non reply may be used later in an attempt to establish some fact. It seems to me that the neighbour is admitting to having trespassed onto your dirveway in the past. No harm in asking for proposals for compensation.

walkingshadow

Claw Hammer wrote: »

As a general principle I would tend to respond to any solicitors letter as the fact of a non reply may be used later in an attempt to establish some fact. It seems to me that the neighbour is admitting to having trespassed onto your dirveway in the past. No harm in asking for proposals for compensation.

What would asking for "proposals for compensation" involve? His solicitor makes no bones in the letter that my new gate is preventing him from entering to turn his car.

longgonesilver

Pity about the neighbour.

Did you getor do you need planning permission to erect a gate at your entrance?