Closing a laneway for building works

Effects

I'm due to start a building project shortly. The site is in Clontarf and borders a laneway at one side and back. The boundary wall of the house will replace the existing wall of the site at rear and side.
The laneway is not maintained/owned by DCC but by the private Vernon Estate.

I'm wondering what my options are before I try to make contact with Vernon Estate, who are hard to find by the way. I've a contact for their solicitors here in Ireland but the Estate is based in the UK.

Can I close off the lane completely for the duration of building works? Is this something that I should be able to do?
Will I need to make provision for walkers to use the laneway so leave a passage for them? It can be accessed from the other side and is used as a bit of a shortcut.

Currently it's also used by drug users from a nearby halfway house.

I'm just looking for some info that anyone might be aware of before I approach the Estate about the matter.

Gumbo

You will need the permission of every owner that enjoys the use of the lane way in theory.

Calahonda52

vernon wont give you permission to close the lane way.

What did the planning permission say about it?
Where is the actual boundary line?
If the house wall is replacing the existing wall then lets do some math
say the new house wall is a 150mm cavity wall, with 2 100mm leafs
so wall is 350mm wide so foundation will, normally be three times this so say a meter.
Without Vernon's consent, all of this will have to be inside the boundary line.
If you disturb the laneway and someone gets hurt walking...
Have you read this:
http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print
especially Part 3, but other parts may apply here

Effects

Really? So there's 39 houses on my side and I need permission of every one of them?

I'm at the end of the street so blocking it off my end just cuts off the last 5m of laneway, but that would mean people couldn't walk all the way through on to the cul de sac.

Effects

Calahonda52 wrote: »

vernon wont give you permission to close the lane way.
What did the planning permission say about it?

Nothing.

Where is the actual boundary line?

Along the wall.

Without Vernon's consent, all of this will have to be inside the boundary line.
If you disturb the laneway and someone gets hurt walking...
Have you read this:
http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print
especially Part 3, but other parts may apply here

Haven't read that. If we close the laneway then no one can get hurt in theory.

Other people have built walls without consent of Vernon, just not for houses.

They have been contacted before about dangerous trees on their land and have just said it's not their responsibility or land.

Effects

I think both DCC and Vernon might both say the land isn't theirs.

Calahonda52

Effects wrote: »

Other people have built walls without consent of Vernon, just not for houses.

.

That is all very well, but if building in Clontarf you will be deemed to have a deep pocket, as opposed to being a man of straw, so its about risk assessment if something goes wrong.
You also need to consider the insurance aspect and full disclosure.

Effects

I'm a man of straw actually!

I'm presuming the building contractor will close the lane with hoarding, surely then it's his responsibility if someone gains access?

Regarding the insurance, if it's land that no one claims to own I just need to make this clear?

Calahonda52

As you, quite rightly, have some pretty strong ideas about this I am signing off as I have nothing further to add.

Effects

I'm just trying to get a fuller picture of my position. I really appreciate your input on the subject.

Further to your earlier question, the architect has designed the structure so that the foundation is all on our side of the boundary.

Gumbo

Effects wrote: »

Further to your earlier question, the architect has designed the structure so that the foundation is all on our side of the boundary.

Why can't you just build it as planned?
If you don't own the land, then you legally can't close it off. It might be a public right of way also and believe me, clontarf is one of the highest complaints per person to planning enforcement in DCC!

Just put the hoarding up along your boundary and work inside it.

It's like connecting your drainage to a pro at system. You need the written consent from every building owner currently entering that system.

Gumbo

Effects wrote: »

I'm a man of straw actually!

I'm presuming the building contractor will close the lane with hoarding, surely then it's his responsibility if someone gains access?

Regarding the insurance, if it's land that no one claims to own I just need to make this clear?

If you instruct the builder to place his hoarding there, you could be deemed to be misleading him in land ownership and should someone sue him, he may be able to counter sue you! But that's a civil legal issue that I have no experience in so you'd have to look into that yourself.

Effects

kceire wrote: »

Why can't you just build it as planned?
If you don't own the land, then you legally can't close it off. It might be a public right of way also and believe me, clontarf is one of the highest complaints per person to planning enforcement in DCC!

Just put the hoarding up along your boundary and work inside it.

It's like connecting your drainage to a pro at system. You need the written consent from every building owner currently entering that system.

All the work can't take place from the inside, I'd presume that's why.

There's plenty of lanes in Clontarf, and elsewhere, that have been closed off without consent permanently and they remain that way.

There's been a number of break ins from the lane, and as I already mentioned, junkies living nearby using it to take drugs. Local residents are talking about closing it off anyway.

Gumbo

Effects wrote: »

All the work can't take place from the inside, I'd presume that's why.

There's plenty of lanes in Clontarf, and elsewhere, that have been closed off without consent permanently and they remain that way.

There's been a number of break ins from the lane, and as I already mentioned, junkies living nearby using it to take drugs. Local residents are talking about closing it off anyway.

Only you can make the decision to risk closing it without permission now.
Legally you cannot but it's up to you.

If I was a contractor I wouldn't do it for a client without writing consent from the client stating that he has permission to use the lane way.