Opening a Right-of-Way after 50 years??

shesham

Can a person open up a new entrance onto a 'right of way' when they have access from a public road at other end of field - also, right of way has been closed for 50+ years??

Thanks..

Spike440

http://en.wikipedia.org/wiki/Easement#Termination_of_easements


On abandonment, see: http://www.boundary-problems.co.uk/mainglossary.htm but bear in mind that this is a UK site and may not be accurate in an Irish context. It seems alright to me though.

Tom Young

I was about to shut the thread! I'll leave it open as its an academic question ....RIGHT?

Spike440

Tom Young wrote: »

I was about to shut the thread! I'll leave it open as its an academic question ....RIGHT?

Gotcha! It does raise an interesting question as to whether a new entrance onto a right of way counts as variation or not. I can't say with any certainty.

Victor

I imagine such an event would be fraught with difficulty for a licencee if the land owner objected.

Not least the charge of criminal damage to the boundary.

nuac

There are all sorts of problems with (alleged ) rights of way. the facts are often in dispute.

It is difficult to show that a right of way has been abandoned, but allowing it be closed for 50 years may be held to be abandonment.

Opening another entrance onto the right of way may be held to be intensification of use of it.

Recommendation

Get hold of all relevant maps, including Property Registration Authority maps if the land involved is registered in the PRA.

Get statements from a number of the neighbours

See what description if any of the right of way is in the documents of title.

Bring all above information to your solicitor.

dermot_sheehan

Having been involved in a couple of circuit cases regarding rights of way I can tell you its nearly impossible to show abandonment of a right of way.

Short of blocking up a door with bricks and stating you never intend to use it again, it's hard to show abandonment, the law recognises an easement is a valuable property right and assumes its owner wouldn't abandon it.

shesham

gabhain7,
I wouldn't call it 'abandonment' of the right of way - there was just never ever an entrance there to begin with as they already had access from the main road. The boundary sod and wire fence was purposely broken down to make an entrance and left open with no gate erected and they did not even use the right of way after that - just maliciousness and intimidation tactics on their part to get at us for other reasons.

After a while we just put the boundary ditch back to the way it was.

Where does the law stand on this?

Thanks..

dermot_sheehan

The answer is go see a solicitor, i was giving general info of abandonment of easements and how it's nearly impossible evidentially to show abandonment