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Right of way

  • 27-12-2017 07:30PM
    #1
    durtybit
    Registered Users, Registered Users 2 Posts: 384 ✭✭


    Deleted


Comments

  • #2
    cmbutler
    Registered Users, Registered Users 2 Posts: 11 ✭cmbutler


    My property backs (actually my gable way and garden) onto a laneway. The ROW was extinguished, via DCC application. There are now gates on either side of the laneway. My question is: Does DCC still own the laneway or Do the residents on the lane collectively own it? As it's now a private laneway if i was to create a new car access point to this laneway, would i need to submit a planning application to DCC? Thanks in advance!


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,904 ✭✭✭✭Victor


    cmbutler wrote: »
    Does DCC still own the laneway or Do the residents on the lane collectively own it?
    That will be very dependent on circumstances and you would need to check the title of the land between you and the gate. You should be able to do a basic check on www.landdirect.ie
    As it's now a private laneway if i was to create a new car access point to this laneway, would i need to submit a planning application to DCC?
    As there would be construction work and a change of use (from yard / garden to storage of vehicles), the likely answer is yes.


  • #4
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    cmbutler wrote: »
    My property backs (actually my gable way and garden) onto a laneway. The ROW was extinguished, via DCC application. There are now gates on either side of the laneway. My question is: Does DCC still own the laneway or Do the residents on the lane collectively own it?
    Extinction of the right of way doesn't in itself change ownership of the land. It is still owned by whoever owned it when it was subject to a right of way. But your assumption that that land was originally owned by DCC may be wrong.
    cmbutler wrote: »
    As it's now a private laneway if i was to create a new car access point to this laneway, would i need to submit a planning application to DCC? Thanks in advance!
    Yes, you will need planning permission. Even if the land is privately owned, developments on privately owned land need planning permission.


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