Right of way blocked - What action can be taken?

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Pia Bang

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Hi All,

Hoping some legal eagles can help me out here. I'm posting this query on behalf of someone else (let's call him Tom) and apologies if it's a bit long winded.

Tom purchased a terraced property a few years ago, which had an existing right of way attached to it. The right of way is a backway behind a number of terraced houses, and this house is the last house that has the right of way.

Some time ago, he applied for planning permission to demolish the existing house and build houses and apartments. This planning was granted by the local county council, but was appealed to An Bord Pleanala by the neighbour beside the terraced house and planning permission was overturned.

One of the conditions of the original planning permission granted by the local county council was that this right of way would be closed. He had no problem extinguishing his right of way if planning was granted as there would have been access through an archway at the front of the property, but as the planning was overturned, he has kept the right of way.

He has now decided to renovate the terraced house in such a way that it does not require planning permission, and has sent a letter to the residents of the terraced houses in front of the right of way to let them know that he will require access.

None of the other neighbours have a problem with this, but the adjoining neighbour who appealed the planning permission has indicated through a solicitors letter that he believes (due to the condition attached to the original planning permission, which was then overturned) that this is now a private backway and suggesting (reading between the lines) that he will not grant access.

So my query is if this gentleman (and I use that term in the loosest possible manner) blocks access to the right of way, what action can Tom take against him? Can he get the guards involved, or is this a civil matter and will he have to take the neighbour to court to gain access to his legitimate right of way?

Thanks for any help in answering these queries.

Pia
 
It's a civil matter. He will have to obtain a mandatory injunction through the courts if it comes to it.
 
Thanks Vanilla, I was afraid that would be the case.

Could you advise how long action like that might take to go to court?
 
Is it a laneway? How would the neighbour block access?

The right of way cannot have been removed unless there was a seperate move to extinguish the public right of way through the entire backway or laneway. This process involves posting public notices on the street at the entrance(s) to the lane and also involves getting the written agreement or disagreement of everyone adjoining the right of way and also utility companies such as eircom and esb who may have equipment or lines in the right of way. If there are public drains in the right of way the corporation or council will also be involved.

So it's an involved process. The original grant of PP probably stipulated that his ROW be closed in order to prevent him using the ROW as an entrance to the property (i.e. turning it into a road). However if this PP was overturned I can't see how he can possibly have lost the right of way.

The neighbour is being difficult, probably
 
The neighbour is definately being difficult but that's just the kind of man he is. He gave the previous neighbour a lot of hassle too, and I've personally had a couple of run ins (as have most of his neighbours) with him, he is not a nice man.

The right of way is more than a laneway, it is wide enough to drive down and in some places if a car is parked tight to the wall, a car can pass. The problem is that the neighbour parks his car right at the end of the this backway. Tom's right of way is at the end of the backway, where there is actually a gateway for him to get into the back yard of the house. The neighbour usually parks right in front of this and that is all he needs to do to block access (at least vehicular access).

The problem is with the renovation work going on, he would like to clear some, if not all of the property from the back of the house but he would need vehicular access to do this.

Again, I personally know most of the other neighbours and the ones I know at least have no problem with this, they would be very accommodating.

Actually I think you might be right about the condition of the PP, he just had to close off this entrance but I presumed that also meant that he lost his right of way.
 
Tell Tom to buy a crappy car, insure and tax it. Then persistently park his neighbour in. Might be a quicker method than legal route. Just make sure that car is in worse condition than neighbours
 
Actually if it's not a public roadway the car probably wouldn't need even to be taxed and insured!

You (or Tom) could alternatively have the offending car towed by the Gardai if the neighbour refuses to move it.
 
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