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Do the council have the right to enter property?

  • 29-09-2017 3:21pm
    #1
    Registered Users, Registered Users 2 Posts: 3,606 ✭✭✭


    Hi

    There is a new road proposed in my parents area. They received a letter from the council stating engineers would be out entering lands/property.

    Can they legally enter a persons property without permission?


Comments

  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Ginger83 wrote: »
    Hi

    There is a new road proposed in my parents area. They received a letter from the council stating engineers would be out entering lands/property.

    Can they legally enter a persons property without permission?

    Is the road going to go through their property or on their property is there any public service utilities like water pipes, esb pylons etc?


  • Registered Users, Registered Users 2 Posts: 3,606 ✭✭✭Ginger83


    Is the road going to go through their property or on their property is there any public service utilities like water pipes, esb pylons etc?

    Their house and land is in the proposed area but route not finalized yet, no services on land, its got a private well.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Ginger83 wrote: »
    Their house and land is in the proposed area but route not finalized yet, no services on land, its got a private well.

    Well no the can't legally enter without a warrent but I would suggest legal advice immediately as I don't see how the would be proposing this road without having legal advice themselves about it


  • Registered Users, Registered Users 2 Posts: 78,610 ✭✭✭✭Victor


    Ginger83 wrote: »
    Hi

    There is a new road proposed in my parents area. They received a letter from the council stating engineers would be out entering lands/property.

    Can they legally enter a persons property without permission?
    You would need to check the letter. It may be the equivalent of a warrant and they may be able to use it to enter land.

    If the letter doesn't invoke statutory powers, they can demand they council use these. Note that they may be entitled to a low level of compensation for an inspection. they would of course be entitled to full compensation if the land is acquired by the council.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    If its a cpo they can enter after they serve a notice of entry


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