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Land ownership

  • 08-04-2015 7:57pm
    #1
    Dtp1979
    Registered Users, Registered Users 2 Posts: 12,870 ✭✭✭✭


    Hi all, hope somebody can help.
    A piece of land beside my end of terrace house about 40' x 20' is unoccupied at present. People use it to walk by my house onto a back lane.
    I approached the original builder to purchase it but he said it's no longer his. I approached the council and got it in writing off them that it's not their property either. It's common ground seemingly.
    Can I just fence off this piece of grass and use it as a garden? I'd be making a new exit onto the back lane for people to use this.
    Could I get in trouble for doing this?


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Blatant request for legal advice, question could have easily been framed as a hypothetical. You need to speak to a legal professional.

    You might google Adverse possession and Trespass while you wait, however one thing to hypothetically consider in the hypothetical is if no one is claiming ownership, who is going to take action against you? My suggestion would be the OMC if you're a managed estate.


  • #3
    Dtp1979
    Registered Users, Registered Users 2 Posts: 12,870 ✭✭✭✭Dtp1979


    MarkAnthony wrote: »
    Blatant request for legal advice, question could have easily been framed as a hypothetical. You need to speak to a legal professional.

    You might google Adverse possession and Trespass while you wait, however one thing to hypothetically consider in the hypothetical is if no one is claiming ownership, who is going to take action against you? My suggestion would be the OMC if you're a managed estate.

    What's omc?
    Sorry I was talking hypothetically.
    I was really just wondering could a jealous neighbour take action. Or what action coujd be taken?


  • #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Dtp1979 wrote: »
    What's omc?
    Sorry I was talking hypothetically.
    I was really just wondering could a jealous neighbour take action. Or what action coujd be taken?

    OMC = Owner's Management Company. Does the hypothetical estate have one, if so the land, most likely belongs to them.

    You potentially could be sued, potentially resulting in damages or an injunction. How likely that is is a judgement call for you based on where you live and proper legal advice. I expect what's more likely is someone will take umbrage and have a picnic on it after kicking down the fence. There's nothing (well very little) to stop you planting it and simply making it look nice. The odd well placed shrub or plant might encourage people to take a longer way around if it's annoying you when they walk by.


  • #5
    Dtp1979
    Registered Users, Registered Users 2 Posts: 12,870 ✭✭✭✭Dtp1979


    MarkAnthony wrote: »
    OMC = Owner's Management Company. Does the hypothetical estate have one, if so the land, most likely belongs to them.

    You potentially could be sued, potentially resulting in damages or an injunction. How likely that is is a judgement call for you based on where you live and proper legal advice. I expect what's more likely is someone will take umbrage and have a picnic on it after kicking down the fence. There's nothing (well very little) to stop you planting it and simply making it look nice. The odd well placed shrub or plant might encourage people to take a longer way around if it's annoying you when they walk by.

    Well I was hypothetically going to build a fence and section it off from the public


  • #6
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    Obvious question, but youve checked your own deeds/maps to make sure its not yours?


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  • #7
    Dtp1979
    Registered Users, Registered Users 2 Posts: 12,870 ✭✭✭✭Dtp1979


    Oryx wrote: »
    Obvious question, but youve checked your own deeds/maps to make sure its not yours?

    Yeah it's not unfortunately


  • #8
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Dtp1979 wrote: »
    Can I just fence off this piece of grass and use it as a garden? I'd be making a new exit onto the back lane for people to use this.
    Could I get in trouble for doing this?

    Mod:

    Please do not request or offer legal advice.

    These issues will be acted upon.


  • #9
    Dtp1979
    Registered Users, Registered Users 2 Posts: 12,870 ✭✭✭✭Dtp1979


    Pat Mustard wrote: »
    Mod:

    Please do not request or offer legal advice.

    These issues will be acted upon.

    Sorry. I was only asking about the repercussions of a hypothetical situation


  • #10
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Dtp1979 wrote: »
    Sorry. I was only asking about the repercussions of a hypothetical situation

    If you had outlined a hypothetical situation, there would be no issue here. However, you expressed interest in occupying land adjacent to your own. You asked if you could fence it off and you asked if you might get in trouble for doing so. Those are blatant requests for legal advice. There is nothing hypothetical about the manner in which your OP is framed.

    Now, I'd appreciate it if you didn't respond to mod warnings on thread or to this post. Please be aware of the forum charter and site rules.


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