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Estate built by McInerney homes

  • 01-01-2019 08:59PM
    #1
    jayboi
    Registered Users, Registered Users 2 Posts: 752 ✭✭✭


    Apologies if this turns out to be a property question but I was talking to neighbors recently and we all live in an estate built by McInerney homes which is now defunct as far as I can tell. It has been said to me the roads and open spaces remain the property of the developer and that councils only take certain things like drainage and street lighting in charge.

    If the developer is no more what happens to the ownership of open spaces etc?

    There is no residents accusation as such in the estate.


Comments

  • #2
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    The property is vested in the Minister for Finance.


  • #3
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    When taken in charge the local authority becomes responsible for the estate, that is to say all the public roads that are in the estate, they don't always also take ownership.

    Ownership and taking in charge are two distinct things, however most authorities also take ownership of the public roads when taking in charge and require the developer/owner to submit vesting maps and documentation transferring ownership of the areas being taken in charge to the authority. This is usually a condition in the planning permission.


  • #4
    ebbsy
    Registered Users, Registered Users 2 Posts: 7,144 ✭✭✭ebbsy


    This happened in my estate. A petition signed by the homeowners in the estate can be given in to the council asking them to take over the estate.

    The developer had gone bust though and the drains were blocked.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,652 ✭✭✭✭Victor


    jayboi wrote: »
    Apologies if this turns out to be a property question but I was talking to neighbors recently and we all live in an estate built by McInerney homes which is now defunct as far as I can tell. It has been said to me the roads and open spaces remain the property of the developer and that councils only take certain things like drainage and street lighting in charge.
    You will need to check with the council what has been taken in charge.

    While different councils at different times take different things in charge, they will normally take roads in charge as one of the first things they are willing to take in charge. Greens and other open spaces are the last things they are willing to take in charge.


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