Rights over communal land?

dulpit

Hey guys,

Just looking for some suggestions on a random issue, don't need any specific legal guidance or whatever. My parents have lived in their house for 60+ years (well my mother has, my dad moved in many years later). It's a terraced house, the back of the houses have gardens which lead onto a back passage with some grassy verge and then the river.

The back passage is basically maintained by some of the residents, technically it is probably up to the council to maintain but it has been many many years since they have had to. Same goes for maintaining the hedging and grass, my dad and a neighbour do most of the cutting.

Out the back parallel to the back passage on the other side (so further from the houses) are a number of clothes lines. They have been used since people moved in back in the 50s, my parents use one which is half out the back of their hour, half out the back of the next door house. There is another line further up used by other houses.

The house next to my parents was recently sold, the new residents are interesting to say the least. They have not shown any sense of neighbourly manners since moving, but that's fine - that's their prerogative. But they have started passing comments on the washing line and the clothes on it. They passed some comments to my parents (who are in their late 60s, the people who moved in are in 30s) about how their clothes ruins their view, and they wouldn't have bought the house if they knew about this (even though my mother has used this washing line constantly for decades).

It all came to a head yesterday, seemingly the mother of one of the new neighbours took it upon herself to cut down the washing line, while my parents clothes were on it. They then decided to have a shouting match at my parents (neither of whom would be very loud or combative anyway). My poor mother in particular is very upset.

So I guess there are 2 issues at play I see:

1. The fact that the neighbour (or mother) cut down line with clothes on it, which is a pain, and I guess could have damaged property belonging to my parents.
2. The fact that my parents have used a washing line that is not on anybody's property, but is partially in front of their neighbours

I wouldn't really care about the first issue, but for the 2nd, is there any standing for something that has been in place for so long? The neighbours were talking about approaching the council about this - but surely communal ground is communal? The view I would be likening this to would be parking outside somebody's house on-street - just because it's outside your house doesn't grant you any specific rights to it.

Any ideas or comments?

ldy4mxonucwsq6

dulpit wrote: »

Hey guys,

Just looking for some suggestions on a random issue, don't need any specific legal guidance or whatever. My parents have lived in their house for 60+ years (well my mother has, my dad moved in many years later). It's a terraced house, the back of the houses have gardens which lead onto a back passage with some grassy verge and then the river.

The back passage is basically maintained by some of the residents, technically it is probably up to the council to maintain but it has been many many years since they have had to. Same goes for maintaining the hedging and grass, my dad and a neighbour do most of the cutting.

Out the back parallel to the back passage on the other side (so further from the houses) are a number of clothes lines. They have been used since people moved in back in the 50s, my parents use one which is half out the back of their hour, half out the back of the next door house. There is another line further up used by other houses.

The house next to my parents was recently sold, the new residents are interesting to say the least. They have not shown any sense of neighbourly manners since moving, but that's fine - that's their prerogative. But they have started passing comments on the washing line and the clothes on it. They passed some comments to my parents (who are in their late 60s, the people who moved in are in 30s) about how their clothes ruins their view, and they wouldn't have bought the house if they knew about this (even though my mother has used this washing line constantly for decades).

It all came to a head yesterday, seemingly the mother of one of the new neighbours took it upon herself to cut down the washing line, while my parents clothes were on it. They then decided to have a shouting match at my parents (neither of whom would be very loud or combative anyway). My poor mother in particular is very upset.

So I guess there are 2 issues at play I see:

1. The fact that the neighbour (or mother) cut down line with clothes on it, which is a pain, and I guess could have damaged property belonging to my parents.
2. The fact that my parents have used a washing line that is not on anybody's property, but is partially in front of their neighbours

I wouldn't really care about the first issue, but for the 2nd, is there any standing for something that has been in place for so long? The neighbours were talking about approaching the council about this - but surely communal ground is communal? The view I would be likening this to would be parking outside somebody's house on-street - just because it's outside your house doesn't grant you any specific rights to it.

Any ideas or comments?

Not sure if possible but long term residents could group and claim for adverse possession of the land, a person has to be able to prove that they have been in continuous, uninterrupted occupation of the property/land for 12 years to do this.

Other (easier) option is to move the washing into the back garden.

Marcusm

Absent the land being included on either person’s folio, the new neighbours have no right to determine what can or cannot be stored there, less still causing damage to another person’s property. One option would be to make a criminal damage complaint but that would be ill advised. Hard to know how to deal with neighbours who are so assertive.

Victor

dulpit wrote: »

It all came to a head yesterday, seemingly the mother of one of the new neighbours took it upon herself to cut down the washing line, while my parents clothes were on it.

That would seem to be criminal damage.

Who built the houses? Council or private developer?

Councils generally have the attitude that back lanes are not their business. This may or may not have a legal basis.

You should be able to pay a few euros to https://www.landdirect.ie/ to find out who owns the land.