Damage to property - right of way, height restriction

jo2509

Hi all

Looking for some advice on how best to proceed with an issue I am having with my property.

I live in a two bed over-garage house, which is built in such a way that it allows access to cars and pedestrians to the houses behind. There is a clearly marked height restriction sign on the building. (In hindsight, i was stupid to buy the place).

There is also an alternative access route to these houses (required I am told to allow access for emergency vehicles etc.). In short, this is not the sole access point.

Unfortunately, the height restriction is regularly breached by vans/trucks resulting in a number of incidents where damage has occurred to my property. Each incident has been reported to Gardai and investigated as criminal damage. The most recent incident occurred on Friday gone.

Initially the housing estate was under the management of the developer and a private Management Company however the council have since taken over responsibility for the estate.

At this point I feel it is necessary to block off this access point altogether, and have requested the council place bollards to do this. The majority of the neighbours have no issue with this as there have been issues in the past with kids playing/cars speeding.
The council sent out an engineer who said that because there is no through road, the entrance cannot be used as a ‘rat run’ and have therefore refused. I asked what would happen if I were to install bollards privately and was told as it is a public right of way I would be in breach of the Road Act.

I have contacted the council again after this most recent incident to ask them to re-assess the situation.
I have spoken to the Management Company who have said they will give me written confirmation that they have no objection to be installing bollards, however my fear here is that if a car crashes into them, I will be liable. So I would rather this was done by the council.

If the council are not forthcoming, unfortunately my next step will be to take legal action in order to protect my property and have this access point closed off.

Will any solicitor take on this case, or should I try to find a solicitor who specialises in property law? Road law (is that a thing?) – I have no clue how to start.
Or is there another approach I have not thought of/anyone else I should be contacting?

For information I have also contacted my local Counsellors and the RSA about this issue. Thanks in advance for any advice.

dumb_parade

Ask the council if they would install height restriction barriers either side of your property.

http://tripwire.ie/barriers/index.php/gate-design-test-2/

Something like this.

jo2509

Thanks for your reply.

A number of neighbours have installed these privately, and had issues with, you guessed it, vans still trying to drive under and then trying to claim for damages.
But it is another option to consider if the council are prepared to install them.

jo2509

In fact, a neighbour told me they had a van trying to drive under this barrier, get totally wedged in and had to let the air out of the tyres to move it.
So... you can't really account for peoples' stupidity

heroics

jo2509 wrote: »

In fact, a neighbour told me they had a van trying to drive under this barrier, get totally wedged in and had to let the air out of the tyres to move it.
So... you can't really account for peoples' stupidity

Better under a barrier than your house though.

They cant really complain if they damage the van against the barrier since they were going to do the same under the house.

jo2509

True.

I have been trying to get hold of the area engineer with the council today but no luck.
I will suggest this to the council and see if they are prepared to install something similar if they are not prepared to block the access entirely.

Does anyone know if i can argue the case that as this is a public right of way that the council are responsible for this?

jo2509

Just to add, i'm not dismissing peoples' suggestion of having a barrier put up. As i said a number of the neighbours have also expressed concern about cars speeding so blocking the access entirely would be preferable for that reason also.
But thank you for the suggestions!

nuac

Mod
Suggest you contact a solicitor to examine the deeds and the place and then advise you further.
Any conveyancing solicitor would be able to deal with this
Thread title amended for clarity
Leaving open for general discussion subject to forum rule on legal advice

jo2509

Thanks nuac