public /private right of way

wazzoraybelle

On our land registry map the road to our house (owned by a farmer, our house is the only building on the road and it ends at our gate) is marked right of way. An appurtment appears on the deed which gives us the right to use this road. While many people walk this road ( very scenic) its purpose has been to provide access to our house.
Can anyone tell me whether the right of way written on the map is a public right of way or refers to our appurtment.

muffler

That is a question for your solicitor.

Unfortunately we dont allow any legal stuff to be debated here so I will have to close this thread.

muffler

I'll move this to the legal forum to see if any of the guys there wish to comment.

dermot_sheehan

Depends if it was dedicated to the public at any stage since it's creation.

If it has been, or been CPO'd by a roads authority for use as a road, it's a public right of way.

If not, it's not.

Tom Young

No advice is available here, but in terms of general comment - an appurtment, is merely a term meaning an allotment of land which is an anglo-french expression. It also sounds like the word some of the D4 MARBLE MOUTHS use to describe the shoeboxes that they live in, generally not actually in D4, but nearby. Soon to be NAMA'ed or featuring big name builders on their conveyancing deeds who are currently undergoing colonic irrigation in the courts.

The answer to the OP question is that the folio would need to be inspected physically and if the Right or way or encumbrance is registered that would also appear on the deeds. Likelihood is that the answer will be yes.

Tom

Tom Young

What Gabhain7 says is also accurate.

wazzoraybelle

Thanks for the reply guys, There is no more information on the deed and the upkeep of the road is our responsibility ( even though we don't own the ground its on)