COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, June 26, 2012

QUESTION NO. 9

QUESTION: Councillor G. O'Connell

"To ask the Manager for the direct reference to the legislation under which the Council claims that it is the responsibility of adjacent residents to maintain the boundary wall of Waterstown Park which runs at the back of their properties at Riversdale Close?"

REPLY:

There is no specific legislation in relation to the responsibility of land owners to maintain their boundary walls.  However, in this instance the common law or presumption that the boundary between adjoining lands runs along the edge of the ditch away from a bank or hedge applies.  See Vawles v Miller (1810) 3 Taunt 137 in this regard.