Right of way for walkway beside the house

muffler

https://www.boards.ie/discussion/comment/118121713#Comment_118121713

Let's have your take on it. This should be good.

muffler

https://www.boards.ie/discussion/comment/118121713#Comment_118121713

@TheW1zard I'm still waiting on you to explain how I was incorrect?

TheW1zard

https://www.boards.ie/discussion/comment/118127626#Comment_118127626

You dont own the road outside your house, even if your folio says so.

The public road outside your house belongs to the council.

For instance, if it were yours you could do anything you want with it.

TheW1zard

It would be your private property, which it isn't..

Mellor

https://www.boards.ie/discussion/comment/118129857#Comment_118129857

Incorrect on a number of points there.

You don't own the road outside your house, even if your folio says so.

Nope. County councils do not own public roads (unless specifically on council land of course). Roads are taken in charge by councils. This means they are responsible for the service and upkeep but it doesn't not confer any ownership or property rights on the council.

For instance, if it were yours you could do anything you want with it.

Also nope. Taking in charge by the council imposes statutory restrictions that prevent anyone interfering with public access (ie a public right of way) or other statutory requirements of a road - such as markings or signage. So even somebody with a bonafide papers asserting he is the owner can't "do anything he wants".

The other mistake is assuming the road is a public road. As I mentioned in my post, it could well be a private carraigeway which is private property. And you still can't do as you like in the instance that a private right of way exists on it (eg The OP's situation).

Land registry maps are index maps are and boundaries shown are general boundaries own. They are indicative and not cover by state guarantees. Generally you can't draw any conclusions from the map, the road could be private, public or common property. But its all moot, as no matter which is the case statutory restrictions and rights of way exist - so whether you own it or not it can't be capitalised.

muffler

https://www.boards.ie/discussion/comment/118129857#Comment_118129857

Ah that's grand so. I'll just amend the hundreds of maps I marked over the last 40 years.

Penn

https://www.boards.ie/discussion/comment/118129857#Comment_118129857

Sorry, but you're wrong. The council has a right of way for the purposes of providing roads and verges. As such, the landowner owns to the centre of the road, but the council have a right of way for the road and verge so you can't do anything you want with it. This generally isn't marked on land registry maps as a right of way as all public roads are taken as such.

Also, even within your own property you can't "do anything you want with it". Seek planning permission to build a shed on your half of the road and see how far away you can still hear the planner's laughter from. All development is subject to planning regulations.

The exception to owning to the centre of the road is in housing estates, where your property generally only extends to the front boundary as the footpath and streets are generally taken in charge by the council for services and maintenance.

General land registry registration guideline: Housing estate - property extends to the front boundary. Rural houses - property extends to the centre of the road.

chooseusername

"I’m the owner of the semidetached house in estate I have walkway beside my house with belongs to me and provide access for my neighbor to bring his bins out "

OP, you answered your own query in your first statement!

TheW1zard

https://www.boards.ie/discussion/comment/118135075#Comment_118135075

What about where the red line shows to middle of the road in estates?

TheW1zard

https://www.boards.ie/discussion/comment/118135022#Comment_118135022

Or do it correctly in the first place

Penn

https://www.boards.ie/discussion/comment/118136072#Comment_118136072

It generally shouldn't, particularly in newer estates. It can affect councils taking the estate in charge. But the same principle applies; the council will take a right of way over the space for the provision of services and roadways serving the estate, and any attempt by the property owner to build or change anything in this area will be subject to planning.

Penn

https://www.boards.ie/discussion/comment/118136073#Comment_118136073

It is done correctly. That is the correct way to do it.

Red lines on planning drawings are often just shown to the front boundary rather than the centre of the road as it outlines the area where the development is being undertaken, however for larger land holdings or where blue line boundaries are required these are shown to the edge of the road. Likewise, land registry maps for property registration or ownership purposes are shown to the centre of the road.

muffler

https://www.boards.ie/discussion/comment/118136073#Comment_118136073

Lol.

Mellor

https://www.boards.ie/discussion/comment/118136072#Comment_118136072

Doesn't generally happen. But it is did, it would make a practical difference. See my post above. Council taking roads in charge does not give them ownership. You previous post was completely wrong.

Generally in an estate, individual properties are to the boundary, and roads are common property. Which is then taken in charge by the council subject to owners agreement. If instead of common property, there was boundaries shared the road then the owners could still request the council to take in change, although may require more in favour votes. In that case council do not own the road.