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How to find out who is responsible for river defences

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  • 20-06-2020 8:36am
    #1
    Lmklad
    Registered Users Posts: 433 ✭✭


    Looking for assistance, I live on Mulcair Drive in Annacotty, Limerick beside the Mulcair river.

    The river defences on my neighbours land has a hole which has led to me being flooded three times in the last six years. I’m trying to discover where I can find out who is responsible for the defences.

    So far the OPW have produced maps to show it’s not them, the ESB (via Ardnacrusha) have done likewise and the county council say it’s not them. I’m at a loss as of where to go for a definite answer.


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    #2
    josip
    Registered Users Posts: 13,636 ✭✭✭✭josip


    Are you asking if there's a statutory body that can enforce your neighbour to maintain their river defense?
    It sounds to me that this is a civil legal matter between you and your neighbour.
    I'm confused as to why the OPW would produce a map in this case?

    Perhaps your local councillor can advise what body to approach?
    Apologies if I've misunderstood the question.


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    #3
    Lmklad
    Registered Users Posts: 433 ✭✭Lmklad


    josip wrote: »
    Are you asking if there's a statutory body that can enforce your neighbour to maintain their river defense?
    It sounds to me that this is a civil legal matter between you and your neighbour.
    I'm confused as to why the OPW would produce a map in this case?

    Perhaps your local councillor can advise what body to approach?
    Apologies if I've misunderstood the question.

    No worries, I didn’t explain fully. The river defences were built by a government body in the 60’s, or so I’ve been told and when I bought the land I was advised that the Council has right of access to these defenses. When the flooding happened the first time 6 years ago council workers told me it wasn’t their responsibility to fill the gap and the council didn’t own the defences. Remembering it was council workers not “the council” itself that said this.

    If it comes to it and they are privately owned then so be it but my land boundary ends at the base of the mound and assumed the neighbours does too. If I can get access to a definitive answer then I can approach the neighbour. Since posting I’ve been in touch with a local councillor too.


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    #4
    baaba maal
    Registered Users Posts: 772 ✭✭✭baaba maal


    It doesn't state that they are responsible for defences, but if you search for Annacotty in this you will see a history of flooding events:
    https://www.limerick.ie/sites/default/files/media/documents/2018-05/FRMP_Final2018_RiverBasin_25_26.pdf
    I think you really need to get legal advice on this.


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