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Do public rights of way exist in Ireland?

  • 17-12-2007 10:47pm
    #1
    Closed Accounts Posts: 4,620 ✭✭✭


    Hi all,

    I had a conversation with a solicitor friend of mine a few years back and he maintained (as far as I can remember) that rights of way didn't exist in Ireland.

    He qualified in England and has worked in property law since. As such he's not an authority on Irish law, although he would certainly know more about it than I do.

    Just wondering if anyone has a definitive answer, if such a thing exists in law, on the subject.

    What caused me to remember our conversation was this discussion over on the Photography forum.

    Cheers.


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Very much so. See www.landregistry.ie if you need more information or some guidance papers.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    If they didn't you wouldn't have laneways running through other people's land as can be seen across the country.

    I'm sure he meant to say that there is some subtle difference between English and Irish rights of ways, but something got lost in the translation.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    something got lost in the translation.

    English is a terribly difficult language :D


  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    The vast majority of roads in Ireland are public rights of way. The land under them is typically owned by the adjacent land owners. The major exception is modern housing estates and the like.

    In English law, there are separate categories of foot paths, bridle paths, etc. that are paths, not roads (no motor vehicles allowed, etc.). In some areas of England, there are as much of these paths as there are roads.


  • Closed Accounts Posts: 4,620 ✭✭✭Roen


    Victor wrote: »
    The vast majority of roads in Ireland are public rights of way. The land under them is typically owned by the adjacent land owners. The major exception is modern housing estates and the like.

    In English law, there are separate categories of foot paths, bridle paths, etc. that are paths, not roads (no motor vehicles allowed, etc.). In some areas of England, there are as much of these paths as there are roads.

    Cheers Victor,
    I think that was what I had in mind, specifically foot paths through or adjacent to private property. There are places around my city, and indeed any city I have lived in that are handy shortcuts that seem to be private property, but are in use daily by Joe Soap. I know In England you have footpaths and bridleways that cut straight through private land. I was just wondering do similar exist here.


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  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Very much so. Do you have a specific question about their constitution? Some pretty interesting cases including one about the Old Head of Kinsale in recent years. That's a famous golf course with a Right of Way through the centre. Bugger for landing a chopper on ;)


  • Registered Users, Registered Users 2 Posts: 43 motivation


    How much in money is a right of way worth when buying land. thank you.


  • Registered Users, Registered Users 2 Posts: 3,328 ✭✭✭conorh91


    motivation wrote: »
    How much in money is a right of way worth when buying land. thank you.

    Eleventy million farthings and thruppence.

    Also, this thread is nearly older than I am.


  • Registered Users, Registered Users 2 Posts: 10,628 ✭✭✭✭Marcusm


    Tom Young wrote: »
    Very much so. Do you have a specific question about their constitution? Some pretty interesting cases including one about the Old Head of Kinsale in recent years. That's a famous golf course with a Right of Way through the centre. Bugger for landing a chopper on ;)

    Surely the Lisadell case involving senior counsel is more interesting/high profile even if most of the claimed rights of way did not exist.


  • Registered Users, Registered Users 2 Posts: 4,685 ✭✭✭barneystinson


    Marcusm wrote: »
    Surely the Lisadell case involving senior counsel is more interesting/high profile even if most of the claimed rights of way did not exist.

    Surely if you'd looked closely you'd see the post you're replying to is 7 years old and that the Lissadell case was only in its infancy then ;)


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  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    conorh91 wrote: »
    Eleventy million farthings and thruppence.

    Also, this thread is nearly older than I am.

    It's so old Tom Young was still using Smileys!


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