Procedure |
Refusing or withdrawing permission to access lands |
(1)
Type or write the letter of refusal of access or letter withdrawing
permission if already granted. Sample letters are available at on this web
site.
(2)
Make an exact copy of all letters sent.
(3) DELIVER THE LETTER BY HAND to the County Secretary’s office, ensuring they stamp and date your copy as a receipt.
OR
Send
the letter to the County Secretary BY REGISTERED POST and affix the
registered receipt to the front of your copy so as not to obscure any part
of the letter.
(4)
ALL correspondence to the Council should be addressed to the County
Secretary or Corporation / Town Clerk as applicable.
(5)
Keep your copy and all your correspondence in a proper file such as a ring
binder.
(6)
Keep all your gates locked and keep vigilant
(7)
If your lands are entered without your permission then trespass has been
committed and you could be awarded damages if you pursue a claim.
(8)
If your land has road frontage, then you may own to the centre of the road and
in such case the Council cannot do works on the margin without your permission.
Generally if the council have not CPOed land from you since 1945 then this
will be the case but you could check your deeds for confirmation. The
refusal applies equally here.
(9)
The council is entitled to apply to The District Court for a permit to
enter your land. They make an application to the court and you must be
informed of the hearing. You do not need a solicitor and costs cannot be
awarded against you. You should explain to the judge that they have not
given you all the information that you require to make an informed
submission about the proposed road. Tell the judge that you think that if
he is going to grant a permit it should be on condition that you be
informed of the findings of the visit to your land as soon as they make a
report to any other person, i.e. to the Consultant or to the Council or
Corporation or to the NRA. For further advise contact Campaign for Sensible
Transport (CaST) at sensibletransport@eircom.net
(10) Once legal authority has been granted to the Council/Corporation to enter your land, you are legally obliged to allow them to do so.
As
many as 8000 landholders may be involved. So you are not alone.