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Anti-social behaviour on private land

  • 02-01-2019 2:49pm
    #1
    Registered Users Posts: 114 ✭✭


    Hi,

    Can anyone shed some light on the legal requirements and suggested guidelines of/for an Owner of a vacant property with regard to dealing with Anti-social behaviour on the property.
    Leaving aside all the "it shouldn't be left idle", and other moral stuff.
    Thanks.


Comments

  • Registered Users Posts: 1,606 ✭✭✭victor8600


    This is an interesting question. I would think that the owner needs a public liability insurance in case somebody slips and breaks a leg while on the property.

    There may be some regulation regarding restricting the access to the property, to prevent the antisocial behaviour.


  • Posts: 0 [Deleted User]


    victor8600 wrote: »
    I would think that the owner needs a public liability insurance in case somebody slips and breaks a leg while on the property.

    Surely not? If that's the case, what's the difference between a vacant property and you going on holiday for 3 weeks in terms of somebody injuring themselves on your land?

    I'm open to correction, but PL insurance is for a business or organization that welcomes people onto their property but need to be insured to cover the associated risks....i.e. our local school rents the 5-a-side pitch but we have to pay our own insurance.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    victor8600 wrote: »
    This is an interesting question. I would think that the owner needs a public liability insurance in case somebody slips and breaks a leg while on the property.
    Nah. Having insurance just makes it more likely that you'll be sued.

    OP, it generally depends on what the anti-social behaviour is and whether you want to stop it happening, or you just want to know what you can be liable for.

    In general there is no obligation on you to keep the property secure or maintained. But if (for example) windows were to be broken, and someone later on climbed in a broken window and injured themselves, then you could be found liable for not repairing the window and allowing the hazard to exist.

    In general if you can show that you make a reasonable attempt to secure the premises and make regular inspections, then you'd be covered against any injury claim from a trespasser.


  • Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    type85 wrote: »
    Hi,

    Can anyone shed some light on the legal requirements and suggested guidelines of/for an Owner of a vacant property with regard to dealing with Anti-social behaviour on the property.
    Leaving aside all the "it shouldn't be left idle", and other moral stuff.
    Thanks.
    Who is engaging in the antisocial behaviour, and on what basis are they on the property?


  • Registered Users Posts: 114 ✭✭type85


    hi, Thank you all for your replies. Its been caused by 2-4 teenagers sitting on the outside boundary wall, doing what they do i.e. talking loud,music on their phones, and probably the odd beer can being shared around. Local kids. The building itself is Bricked up so they are not inside it, and the garden is overgrown.


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  • Registered Users Posts: 521 ✭✭✭tmh106


    type85 wrote: »
    hi, Thank you all for your replies. Its been caused by 2-4 teenagers sitting on the outside boundary wall, doing what they do i.e. talking loud,music on their phones, and probably the odd beer can being shared around. Local kids. The building itself is Bricked up so they are not inside it, and the garden is overgrown.
    I'd classify the behaviour as more social than ant-social. It's what teenagers do. At least they are not doing it outside an occupied house. If they are causing a nuisance/distress to immediate adjacent neighbours then it may make its way into anti-social, but otherwise I don't think you have too much ground for complaint.

    That over grown garden on the other hand, that is a bit anti-social in my book (thought again, depends on whether there are adjacent neighbours or not)


  • Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    type85 wrote: »
    hi, Thank you all for your replies. Its been caused by 2-4 teenagers sitting on the outside boundary wall, doing what they do i.e. talking loud,music on their phones, and probably the odd beer can being shared around. Local kids. The building itself is Bricked up so they are not inside it, and the garden is overgrown.
    As tmh106 says, the only antisocial behaviour described here is neglect of the garden, which will tend to promote the propagation of weed and pest species. If there is ragwort, thistle, dock or wild oats growing uncontrolled on the property, there may be an offence under the Noxious Weeds Act 1936 but it's not the teenagers who are committing the offence; it's you. Information is available free from Teagasc on the best ways to control these species.


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