The situation arises in different locations around the city where there are clusters of shops. Usually, the shops are set back a few metres from the footpath. The forecourt area to the front of the shop, but not on the designated footpath, is believed to be public property but is in fact privately owned, often without the knowledge of the owner. In nearly all instances the forecourts are not owned by the same individuals who own the shops.

At least 10 cases are before the courts in the coming months in which claimants are intent on suing for damages. But when they contact the council they are told it has nothing to do with the local authority. The situation has also led to concern that the forecourts aren't being properly maintained and are falling into disrepair, without anyone apparently responsible.

Labour TD for Dublin North West R�is�n Shortall, who has raised the matter in the D�il, says there is a serious public safety issue here. "It is a widespread problem, " she says.

"People are angry when they see footpaths falling into disrepair and they can't understand why the council isn't doing anything. But it's not the council's fault. The law in this area is very weak and needs to be updated."

Council area manager for Dublin North West Damien Drumm has been trying to trace owners following complaints that many of the forecourts in his district are not being maintained. In one instance, in Ballygall, Dublin 11, he found that 10 different individuals or companies owned the forecourts outside half a dozen shops and a pub on Fitzmaurice Road. There are currently six personal injuries cases in relation to these forecourts before the courts.

"It is very difficult to establish who the owners are, " he said. "These things often go back for decades and more. In one case we think that one owner is a clergyman in Northern Ireland but we have been unable to establish this definitively yet. In another case the registered owner is deceased." Drumm says the council cannot be obliged to carry out maintenance work on these forecourts because it would technically be trespassing. Whether or not the owners have an obligation to maintain the properties will have to be determined by the court, he says.

"In any event, these patches could end up being very valuable, " he says.

"If, for example, the shops were to be redeveloped and expanded into a large centre, the forecourts then could very well have a high value.

Should the public be paying to upkeep this land on behalf of private owners?"

He estimates that there are eight locations in the Dublin North West area alone where the problem arises.

Drumm made contact with one of the owners who indicated he was willing to sell. However, the owner suggested the council make an offer for the land but Drumm replied that the local authority envisaged such a transaction being one where the council would take ownership, and therefore responsibility, for the land, rather than paying a price for it.

According to Harry Rose in the council's finance department, these claims arise from time to time and are nearly always successfully defended by the council. "We do, however, have to spend a lot of money in defending these claims, even though more often than not it is found that we have no liability, " he says.

Shortall has raised the issue in the D�il with the minister for the environment, Dick Roche. Replying on 7 February, the minister said he was satisfied that local authorities have sufficient powers at their disposal, including under planning and roads legislation, to deal with the issue.

"Solutions to particular problems of this kind will also be appropriately addressed at local level. Further specific regulation of such issues is not envisaged at present."

Despite the minister's confidence, it remains unclear as to how the local authority can deal with the matter and whether or not there would be resistance to a compulsory transfer of ownership - if that is legal - when the land in question may have a high future value.