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MAINTENANCE OF RIGHT OF WAY THROUGH PLANTED BOG

  • 12-02-2017 4:00pm
    #1
    josihay35x
    Closed Accounts Posts: 27 ✭


    Hi

    Hoping someone here can help.

    I own a plot of bog in the middle of a large planted bog.
    There is an official right of way /old bog road up to my plot, through the planted bog. Think it's an old public road, or public access right of way . . .. The road is marked in the land register maps and all.

    I am the only one using this road. Other people have bog plots up near me but haven't used them in probably 40 years . . . So just me using this road with the past probably 40 years( which includes my fathers time) . Before that it would have had a few farming families using it.

    Thing is . . .this road is wrecked! Complete bog road, no gravel. And some massive holes in it. Very hard get turf out it every year, as iv only got a small 2wd tractor.

    The deceased owner of the planted bog ( and also the property owner on which this road is on . .. i assume ) never maintained this road . . . Which is fine by me. The new owners are not around. . . . .living up in Dublin somewhere I think. The deceased mans family.


    I would like to dig a drain along by the side of this road, to remove surface water and hopefully will dry it out. I have my own track machine and all so don't mind doing it. 2 days in the digger should do it.

    Just wondering, who really should be maintaining this road. .. . And should there be any problems (legally) with me putting a drain along the side of it, once I dont damage any of the trees etc.??. Area is in the middle of nowhere. . . . . No houses or anything around. . . . .no mans land area !


Comments

  • #2
    tanko
    Registered Users, Registered Users 2 Posts: 9,316 ✭✭✭tanko


    Work away i'd say, sure wasn't there always a drain there, you just cleaned it out.


  • #3
    ganmo
    Registered Users, Registered Users 2 Posts: 7,748 ✭✭✭ganmo


    Go to Landdirect.ie buy the cheapest folio for the planted bog. It will have the address of the owner and write them a letter


  • #4
    josihay35x
    Closed Accounts Posts: 27 ✭josihay35x


    ganmo wrote: »
    Go to Landdirect.ie buy the cheapest folio for the planted bog. It will have the address of the owner and write them a letter

    Thanks lads. But does anyone here actually know the law and if I have any legal right to maintain this road, or what's the story at all?


  • #5
    Good loser
    Registered Users, Registered Users 2 Posts: 3,246 ✭✭✭Good loser


    josihay35x wrote: »
    Thanks lads. But does anyone here actually know the law and if I have any legal right to maintain this road, or what's the story at all?

    That could be tricky.

    Do the drain - it will be doing no harm to the owner - perhaps it has shared ownership.

    At worst you can fill in the drain again.


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