Trailer parked on side of road

M

molbruger

Guest
I own a little field in the countryside, which has road frontage onto a secondary road. There is a large grass margin between the road and the ditch of the field.

Around 5 years ago, a neighbour who owns a number of lorries started parking a big trailer for an articulated lorry on the grass margin. He had not asked for permission.

As far as I am aware, I would own the land on the grass margin (could be wrong on this), as it is a secondary road.

The trailer is not really a hazard where it is positioned.

What I am more concerned about it the possibility that he could claim squatters rights somehow. He has started touching up the grass margin now by putting down some gravel, i.e. making improvements.

The obvious thing to do here is to ask him to remove the trailer and follow this up with a solicitor’s letter etc if he does not comply. However, this is not a route I would like to go down as he is a bit of a brute and I would not be able for a confrontation.

Are there alternative routes available? I rang the council as I thought it would be a change of use and they said it was not!. It is not really a hazard so the gardai could not sort it out from that angle.

Does anyone have any suggestions as to what I can do here?
 
If you own the land then put up a fence (just some posts and rope)...

if he removes them the guards should get involved, it would also protect you from a squatters claim....
 
You more than likely do own it- most of the time people own to half the road but maybe check it first because there are instances where a roadway was previously a private road then later taken in charge where someone else could own it.

If you do own it he is trespassing on your land. The guards will not get involved as it is a civil matter. Jhegarty makes a good suggestion- next time it is clear, put up a good fence- if he interferes with your fence that is criminal damage and the guards can get involved with that.

If he persists you might have to get your solicitor involved.

If you don't mind him using it but don't want him to get any rights you could get him to sign a piece of paper giving him a revocable licence to park there. Once signed he cannot claim squattors and you can revoke it at will.
 
First obvious step is to find out for sure who owns the land. Just because it borders your property on a secondary road is meaningless.
Leo
 
I will verify if I own the part of the road in question, but I am nearly sure I do.

The idea of the revocable licence to park on the grass margin seems like the perfect solution to me. This should not result in any confrontation.

Do I need to consult with a solicitor about this or is it a simple matter of me getting him to sign a piece of paper stating he has no rights on it. Would I need to attach a maps with the area marked out etc???
 

I think to draft it properly you'd need to consult your solicitor, and indeed your solicitor should be able to confirm that you do own it ( most of the time it's fairly obvious from the map that you own out to half road). But it's not a big job.
 
Why dont you just park something there for a week or so and keep a record / photos of it. This will break any squatting term he has. If he has the cheek to ask you to move they you know it is necessary to go down the legal route.
 
Do you have access to a tractor unit? Hitching up a trailer and leaving it somewhere a good few miles away might make him think that the location isn't safe. Ditto letting down the tyres on the trailers.
This sounds a bit underhand, but if the guy is a bully it may well be the best way of dealing with him.
The other thing is to get the local guards involved. As far as I know you can't park lorries or trailers on public roads anymore.
 

Don't forget what the OP said:

molbruger said:
...he is a bit of a brute and I would not be able for a confrontation.
Click to expand...

My suggestion is ring him up and put it to him that you are not very comfortable with him parking there. See what he says.
 

Terrible advice to be giving - a bit underhand is an understatement.
 
MonkeeMan said:
Why dont you just park something there for a week or so and keep a record / photos of it. This will break any squatting term he has. If he has the cheek to ask you to move they you know it is necessary to go down the legal route.
Click to expand...

BTW this wouldn't 'break the squatting term'.

As for the other advice about letting down tyres etc, words fail me.
 
Well hopefully I will have an update in a few weeks as to what happened with this. I should be in with the solicitor in a few weeks time.

I want to check out this guys trailer yard a little more and see what space he has (i.e is there any reason why he has to use the road).

The trailer has not moved in ages now (i.e. months). I will have a good excuse to get him to move the trailer in a few weeks when I am getting the ditches trimmed and will hopefully mention all to him then.
 
I was getting the ditches trimmed recently and finally got around to asking politely for the trailer to be moved. I expressed my concerns to the trailer owned and even went as far as to offer him alternative parking off the road......

His response was not as desired and said the trailer was staying put. I have not seen it being moved in ages now (could be a year at this stage).

I can only assume that he has plans to go for squatters.

From a legal perspective I am in a delimma now. I stupidly decided to start building a garage at the back of my house without planning permission. I know this was not a smart idea and so the legal route now seems impossible.

I am now quite worried and unsure as how to proceed.
 
would you try to get retention planning for what you've already built of the garage? you would have a decision eight weeks after you apply.
 
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