I live in a beautiful part of County Roscommon where stone walls are a common sight. The problem I have is that a landowner refuses to maintain their stone wall and stones from the wall often fall onto the road causing a hazard for passing motorists and cyclists. I cycle along this particular road quite frequently and I have asked the landowner to maintain the wall but he refuses. Please advise me.
Under the Roads Act, 1993, the owner or occupier of land is obliged to take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on their land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road.
Similar strict provisions exists within the act in relation to a structure wherein the owner or occupier of any land on which a structure is situated is obliged to take all reasonable steps to ensure that the structure is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road.
It could be argued that a stone wall comes within the definition of a structure. Regardless, it would appear that the wall in question is situated on the landowner’s property and he is obliged to ensure that it does not obstruct or interfere with the safe use of a public road.
I note that you have already approached the landowner and he has refused to maintain the wall in question. If you feel that you have exhausted options with the landowner then there is provision within the Roads Act for the Local Authority to act. Section 70(1 )(b ) provides that if a structure is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road, a road authority may serve a notice in writing on the owner or occupier of any land on which the structure is situated to remove, modify or carry out specified works in relation to the structure within the period stated in the notice.
This column is prepared by Dolores Gacquin, solicitor. Byrne Carolan Cunningham has offices in Galway, Athlone, Moate, and Lanesboro. A person should always contact their solicitor to obtain legal advice specific to their own situation. This above column contains general advice and cannot be relied upon as legal advice. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Call Byrne Carolan Cunningham on (090 ) 6478433
