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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10591
Experience:  Barrister 17 years experience
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My parents live in a small estate in Leitrim (its a cul de

Customer Question

Hi. My parents live in a small estate in Leitrim (its a cul de sac of about 12 houses). The green in the cul de sac and road etc are still registered in the name of the company of the builder that built the estate (who still lives in the village) but his company has gone out of business. They are having big problems with the surrounding sewage but the Council will not do anything about it because no attempt has been made to transfer the lands that include the sewage to the council. The council said they need the builder to carry out some review of the sewage (cameras etc) a type of report before they will endeavour to take over the lands. Have you heard of this before. In conversations the builder has said he will see to it after he gets paid for his next build but this has been going on for years. What would be the next best step? Thank you kindly in advance. Regards, Helen.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1.Dear *****, I know this is not what you want to hear, but in this situation, you are best off get together with the other residents and hire a professional person privately to review the sewage and present the necessary report to Leitrim County Council. The reality is that if you wait for the builder to do so, you will be tempting a fate worse than death. Most of the builders in Leitrim have solvency difficulties, so any spare money won't go on preparing a sewage report for a development long since sold. There is no benefit for the builder in doing this work. he has long since been paid for the houses. So, rather than wait for him to do so, you are better, with the other residents to take matters in hand and ensure that the green areas get transferred over to the Council as soon as possible. This will ensure that future maintenance, such as to the lights, sewers, internal roads, all get done by the Council. The quicker this gets done the better. Be aware that you can get this done privately and then send the bill to the builder. However, this might be tempting fate!