Can I walk on a private road

lizcarolan

I was out walking my dog on the country road around my house and I turned left up a road. It's about 800m long. I walked up to first house and turned back around. Anyway the women of the house came out to me and was extremely rude to me. She told me off for walking on the road as it's a private road. I told her there is no sign stating this anywhere. Can anyone tell me what is the legal stance on this.

Purple Mountain

It's probably a private lane way up to her house and land.

the hedgeman

lizcarolan wrote: »

I was out walking my dog on the country road around my house and I turned left up a road. It's about 800m long. I walked up to first house and turned back around. Anyway the women of the house came out to me and was extremely rude to me. She told me off for walking on the road as it's a private road. I told her there is no sign stating this anywhere. Can anyone tell me what is the legal stance on this.

Is their other other houses on the road

lizcarolan

Purple Mountain wrote: »

It's probably a private lane way up to her house and land.

Her house is on the left about 150m from the start. She has a long drive way up to her house so it's not. There is one other house on the road.

the hedgeman

If she said it was a private lane,you'll have to take her word for it and accept it

macsauce

My family home is on a long private road and we also have people walking their dog on our lane. If you are on someone else’s property they have every right to be rude to you. They are not obliged to put up any notices on their property to say it is private property. It is up to YOU to make sure you don’t go where you don’t belong.

It is extremely annoying when people walk their dog on your property, don’t clean up after their pets and their pets then annoy either owners pets (or livestock if it’s a farm).

lizcarolan

macsauce wrote: »

My family home is on a long private road and we also have people walking their dog on our lane. If you are on someone else’s property they have every right to be rude to you. They are not obliged to put up any notices on their property to say it is private property. It is up to YOU to make sure you don’t go where you don’t belong.

It is extremely annoying when people walk their dog on your property, don’t clean up after their pets and their pets then annoy either owners pets (or livestock if it’s a farm).

I am new to the area. It's not excuse for her rudeness. All she had to do was chat to me and just to politely let me know. And to welcome me to the area. We know no one in the area.

Brianmwalker

the hedgeman wrote: »

If she said it was a private lane,you'll have to take her word for it and accept it

"right to be rude to you"

FFS this is the legal discussion forum

lizcarolan

macsauce wrote: »

My family home is on a long private road and we also have people walking their dog on our lane. If you are on someone else’s property they have every right to be rude to you. They are not obliged to put up any notices on their property to say it is private property. It is up to YOU to make sure you don’t go where you don’t belong.

It is extremely annoying when people walk their dog on your property, don’t clean up after their pets and their pets then annoy either owners pets (or livestock if it’s a farm).

We just moved to a new county and we don't know anyone. All she had to do was chat to me and to let me know. There is absolutely no excuse for her rudeness.

Donald Trump

We can't know but her rudeness might be related to how she interpreted your response that "there is no sign up". It might have come across as you trying to dispute it or trying to assert that you had a right.

Technically though, I think there is actually supposed to be a notice put up in order to protect themselves against some liability. But that is a different issue to what you are talking about.

She shouldn't have been rude

buffalo

Related, is there an easy way to find online what's actually a private road and what's not?

There's a cul de sac near me with a sign saying 'private road' on it, but there's about 7 houses along it, fully tarmacked with council streetlights. I'm pretty sure prior to the motorway being built that it was a through road.

looksee

macsauce wrote: »

My family home is on a long private road and we also have people walking their dog on our lane. If you are on someone else’s property they have every right to be rude to you. They are not obliged to put up any notices on their property to say it is private property. It is up to YOU to make sure you don’t go where you don’t belong.

It is extremely annoying when people walk their dog on your property, don’t clean up after their pets and their pets then annoy either owners pets (or livestock if it’s a farm).

Its ignorant not to clean up after dogs, and you would not expect anyone to walk up your drive to your house. But how on earth is anyone supposed to know what is a private road if there is no sign? Most roads are public, even small boreens, if you don't want people walking there, put a sign up!

yurtyaherne

buffalo wrote: »

Related, is there an easy way to find online what's actually a private road and what's not?

There's a cul de sac near me with a sign saying 'private road' on it, but there's about 7 houses along it, fully tarmacked with council streetlights. I'm pretty sure prior to the motorway being built that it was a through road

Majority of public roads would have a sign at a junction entering it with a road number.

Private roads can have maintenance funded by councils through the Local Improvement Scheme. Lights may be funded by a residents committee fund also.

lizcarolan

buffalo wrote: »

Related, is there an easy way to find online what's actually a private road and what's not?

There's a cul de sac near me with a sign saying 'private road' on it, but there's about 7 houses along it, fully tarmacked with council streetlights. I'm pretty sure prior to the motorway being built that it was a through road

Great question. I would like to know this too. The road I live on and the private road are exactly the same size,width etc so how is one supposed to know if it is private or not

John_Rambo

My in-laws live at the end of a long private road, there's no signs and no way of knowing it's a private road. They people a friendly wave that walk on it.

I guess they're more old school rural Irish.

macsauce

OK, I probably reacted too quickly. Apologies OP.

It’s an issue that causes my family a lot of angst. To those that say there should be a sign up - my parents were advised against this by a local Garda as it more easily identifies a rural house that is likely to be quite isolated.

In the interest of neighbourly relations the owner could indeed have handled it differently. My folks were broken into and it really shook them. Their sometimes over-the-top responses I think are related to that sense of invasion in their lives and is a defence they put up.

Thinking about it more, if you’re a neighbour maybe introduce yourself and get to know them better. They may even invite you to use their lane way.

Purple Mountain

yurtyaherne wrote: »

Majority of public roads would have a sign at a junction entering it with a road number.
.

Not necessarily in the case of some small rural roads.
I could rattle off a handful I know of around here with no signs.

elperello

lizcarolan wrote: »

I was out walking my dog on the country road around my house and I turned left up a road. It's about 800m long. I walked up to first house and turned back around. Anyway the women of the house came out to me and was extremely rude to me. She told me off for walking on the road as it's a private road. I told her there is no sign stating this anywhere. Can anyone tell me what is the legal stance on this.

Usually but not always in the case of a private road there will be piers even if no gate. That sort of road will be fully private and maintained by the owner. You have no right to enter without invitation or reasonable excuse.

There are also public laneways which may serve more than one house. Often they are maintained by the council. You have a right to walk up these lanes but not to enter any driveways opening off them.

It can be difficult sometimes to discern the status of roadways/laneways in rural areas. Anybody living on one should realise that and be polite to someone who has inadvertently strayed where they are not welcome. It's easy to explain the position without rudeness or causing ill feeling.

You might make some discreet enquiries locally to find out the true position regarding the roadway in question.

Donald Trump

Usually the land under the road is technically privately owned. Not always, but usually. There is usually just an established right of way there. The local council will maintain such roads. If the lane is of similar quality to the road, then that might be an indication that the council maintain it which might indicate there is an established public right of way

The council won't maintain the ones which are private. I reckon that for a cul-de-sac there could be a good chance it is private. If it is open on both end, then probably public.

The above is just my understanding and could be wrong.

If you look on landdirect.ie you might see ROW registered on a lane etc. It will be marked in yellow. If you see that then that would be definite proof it is not a public ROW. The absence of that would not indicate the opposite though

John_Rambo

Donald Trump wrote: »

Usually the land under the road is technically privately owned. Not always, but usually. There is usually just an established right of way there. The local council will maintain such roads. If the lane is of similar quality to the road, then that might be an indication that the council maintain it which might indicate there is an established public right of way

The council won't maintain the ones which are private. I reckon that for a cul-de-sac there could be a good chance it is private. If it is open on both end, then probably public.

The above is just my understanding and could be wrong.

If you look on landdirect.ie you might see ROW registered on a lane etc. It will be marked in yellow. If you see that then that would be definite proof it is not a public ROW. The absence of that would not indicate the opposite though

That's interesting, thanks. Confirmed, my in-laws road is private.

looksee

See does Google maps go down it, its not definite but there's a good chance if the camera car does not take you down it, its a private road. A sign would be easier.

Donald Trump

John_Rambo wrote: »

That's interesting, thanks. Confirmed, my in-laws road is private.

Obviously though, if there is only one house on the lane and that owner also own all the land/gates along the lane, then there isn't going to be a ROW registered. Because it's just a long driveway then.



The ROW would be needed for others who need access along that lane but who do not own it, or at least do not own the entire length of it and there is no general public ROW. If there is a public ROW then there would be no need to register a specific one. That is just my own logic and not a rule. I don't know what technically constitutes a general public ROW....I am guessing it is just established over time and for as long as it is being used it will continue to exist as such.

listermint

We live on a private lane, it's shared amongst all the properties on it. Couldn't care less if you walk on it tbh it's got a lovely view and nice woodland down the end.

We have our own driveway to. With gates obviously I'd care if you came in here but out on the lane knock yourself out

John_Rambo

Donald Trump wrote: »

Obviously though, if there is only one house on the lane and that owner also own all the land/gates along the lane, then there isn't going to be a ROW registered. Because it's just a long driveway then.



The ROW would be needed for others who need access along that lane but who do not own it, or at least do not own the entire length of it and there is no general public ROW. If there is a public ROW then there would be no need to register a specific one. That is just my own logic and not a rule. I don't know what technically constitutes a general public ROW....I am guessing it is just established over time and for as long as it is being used it will continue to exist as such.

There's a few houses on the road, most brothers and sisters built on family land.

ganmo

Having lived on a road like this it's so much easier to be an ass yo people that think they can go where ever the f they want dispite a gate and signs.

If I feel like being polite I'll ask where they think they're going before telling them to turn around.
These days people will try their luck and only stop if stopped so that colours my view on this

listermint

ganmo wrote: »

Having lived on a road like this it's so much easier to be an ass yo people that think they can go where ever the f they want dispite a gate and signs.

If I feel like being polite I'll ask where they think they're going before telling them to turn around.
These days people will try their luck and only stop if stopped so that colours my view on this

Read the OPs post, - There is NO gate, No signs, the road looks like any other around the area. It might be so much easier to be an arsehole. But it doesnt make you right. If someone is that pissed off about 'trespass' then the should have it legitimately sign posted at the start of the entrance otherwise passing traffic or footwalkers would have every inclination to take the route.

People are not mind readers.

ganmo

listermint wrote: »

Read the OPs post, - There is NO gate, No signs, the road looks like any other around the area. It might be so much easier to be an arsehole. But it doesnt make you right. If someone is that pissed off about 'trespass' then the should have it legitimately sign posted at the start of the entrance otherwise passing traffic or footwalkers would have every inclination to take the route.

People are not mind readers.

But they are map readers

Nekarsulm

You don't know what interaction the woman had with previous walkers, some people would practically come up and look in your kitchen window.
Still, it's normal to be some way polite when talking to people.
And no, most shared lanes do not have gates, piers or signs at the end of them .
Council won't maintain them unless there are three or four families living in them, and even then the people will have contribute a % ofthe surfacing costs.
Getting everyone to agree to the expenditure isn't always easy either.
We have land in such a lane, and own half of it, yet it's not marked "private" on the OS maps.

beauf

ganmo wrote: »

But they are map readers

So if it's not marked as private on the version of a map a person is using then it's ok to use it?

ganmo

beauf wrote: »

So if it's not marked as private on the version of a map a person is using then it's ok to use it?

Not necessarily. We took the cc to court over publishing a map with a right of way that never existed and I've corrected osi maps too. But in my experience tresspassers dont even bother with maps.

beauf

Well that makes maps largely irrelevant then.

The lowest common denominator is a sign.

It's not rocket science.

In my experience the Garda say anything YOU do, dogs, alarms, cameras etc, encourages crime.