Laws on Rights of way to change

Muckit

It's mentioned in the Farming Indo today that the law on rights of way are changing from the Nov 30th 2012.

Could be a good or a bad thing depending on your circumstance.

what happen

Muckit wrote: »

It's mentioned in the Farming Indo today that the law on rights of way are changing from the Nov 30th 2012.

Could be a good or a bad thing depending on your circumstance.

what did it say

Rovi

http://www.independent.ie/farming/news-features/farmers-face-new-right-of-way-battle-2622796.html

Farmers face new right of way battle

By Martin Ryan
Tuesday April 19 2011
Tens of thousands of farm rights of way, which have been established by farming families over generations and handed down, are to be abolished under new legislation.

Immediate action is required by farmers to protect their entitlement to the future use of rights of way over neighbouring lands as the traditional "rights" will no longer have a standing in law, legal experts have warned.

Under the Land and Conveyancing Reform Act 2009, which has now become law, traditional rights for farmers over neighbouring lands by virtue of right of way will no longer exist unless the "right" is registered as an easement on the lands.

However, the establishment of these rights and the registration of the "right of way" on the land folio is expected to result in a raft of bitter law cases between neighbouring farmers over the coming months.

Ancient

Limericj solicitor Martina Murphy, practising partner in the legal firm of Murphy Boyce Solicitors, said very few farmers were aware of the implications of the legislation and the limited time left to retain their rights.

"Easements, which include rights of way, way leaves, rights to cut turf, drainage or other utilities, will be extinguished under the new Act, unless registered before November 30, 2012," she explained.

"While these rights have been virtually inextinguishable in the past under the new legislation, ancient rights of way could be lost unless formally registered.

"The land you cross to reach a field, a house, a shop, while not belonging to you, and which has been used by you and yours for generations, will now have to be formally registered to remain in your use after November 30 next year," she added.

To establish their right in court, and have the right of way confirmed, applicants must prove they had used the right of way regularly over a period of 12 consecutive years, prior to December 1, 2009.

The legislation makes an exception for what is known as a "right of way of necessity" - a right of way to a landlocked parcel of land to which there is no other means of access.

"Landowners are not allowed to challenge what are called rights of way of necessity, but they have to be registered, which is especially important when it comes to selling on a property," she warned.

- Martin Ryan

Username John

We have a lane coming into our place, its used by 2 or 3 other farmers. Not sure who owns it, I'm the last one on it, and it kinda comes through one lads yard.

So what do I do in this situation? Do I have to go to a solicitor, and get them to add a line to the folio?

leoch

i have a farmer who uses my lane only a few times a year and are fairly new to the area so when he goes to register it will he have to come to me to sign anything or would we both have to go to court to sign or get it sorted , we never had an issue over it at all for all he hardly ever uses it as he can get to his ground from his own side anyway

Jackanackanory

Hi,

Does anybody know if the deadline with regard to registering of easements is still Nov 30 2012 ?

<Quoting from the Indo article>

"Easements, which include rights of way, way leaves, rights to cut turf, drainage or other utilities, will be extinguished under the new Act, unless registered before November 30, 2012"

Many thanks
J

jack77

Actually spoke with a solicitor about this a while back, seems they (the state) want all rights of way registered by 2018 i think it was he said, the person who use's it as a right of way has to apply to the land registry to get it put on the folio, this gets sent to the actual land owner who has 10 days to lodge an objection to it. i think where it gets really messy is the original user has to have the right of way registered e.g person A uses a right of way over person B's land to access a field. person A then sells this to person c, person C can't register the right of way. This is going to cause chaos all over the country. any one who is using a right of way needs to sort it asap with the land owners. as i understood it once the deadline (2018) is passed that's it. If in doubt talk to your solicitor

Dont be daft

jack77 wrote: »

Actually spoke with a solicitor about this a while back, seems they (the state) want all rights of way registered by 2018 i think it was he said, the person who use's it as a right of way has to apply to the land registry to get it put on the folio, this gets sent to the actual land owner who has 10 days to lodge an objection to it. i think where it gets really messy is the original user has to have the right of way registered e.g person A uses a right of way over person B's land to access a field. person A then sells this to person c, person C can't register the right of way. This is going to cause chaos all over the country. any one who is using a right of way needs to sort it asap with the land owners. as i understood it once the deadline (2018) is passed that's it. If in doubt talk to your solicitor

Good advice there.

If your in a situation involving a Right of Way then try to start the proceedure to get it registered now.

Your right to say it will cause chaos.
But the current situation were you have landowners fighting it out over agreements made (and sometimes not made at all) years and generations ago just cant go on.
Its a nightmare for all involved and has been a source of tension between hundreds if not thousands of neighbours throughout the country.

If this goes some way to straighten this out then a bit of chaos for a few years would definitely be worth it.

I'd also suggest anyone who's involved in any objection to go down the road of mediation first.

pakalasa

The legislation makes an exception for what is known as a "right of way of necessity" - a right of way to a landlocked parcel of land to which there is no other means of access.

"Landowners are not allowed to challenge what are called rights of way of necessity, but they have to be registered, which is especially important when it comes to selling on a property," she warned.

I think this is the important one.:rolleyes:
What about 'Mass Paths"? Do they fall under this legislation?

Dont be daft

pakalasa wrote: »

The legislation makes an exception for what is known as a "right of way of necessity" - a right of way to a landlocked parcel of land to which there is no other means of access.

"Landowners are not allowed to challenge what are called rights of way of necessity, but they have to be registered, which is especially important when it comes to selling on a property," she warned.

I think this is the important one.:rolleyes:
What about 'Mass Paths"? Do they fall under this legislation?

If the "Mass Path" is private then yes. By that I mean held by Property 1 over Property 2 for the use of the owner of property 1 only

If its public then the legislation, and therefore the requirement to register it would, not apply.

ABlur

Looks like the deadline is pushed out to 30th November 2021 under the recent legislation:

http://www.irishstatutebook.ie/2011/en/si/0559.html

Third schedule mid way down the document.

Interesting that a lot of solicitors websites still refer to the 2012 deadline!

pakalasa

Ya, work has dried up since the propert crash.

Dont be daft

pakalasa wrote: »

Ya, work has dried up since the propert crash.

Be that as it may, if people think they have 9 years to sort it all out and put it on the long finger it this can often lead to complications.

Often when its left for years vital witnesses or original owners have passed away.

Also worth noting these problems usually flair up when another issue has set off neighbours against each other.
The Right of Way starts as a side show to some other issue but ends up costing both parties so much it becomes the main reason for dispute.

Its also common to for new owners to try to assert themselves on their new property by denying any Right of Ways.

For those reasons alone I advised people to begin the process as soon as possible. A lot can change in a few years and whats seems stable and secure now can become a very big mess in a very short time.

The hawlk

I have a farm on a lane which joins two roads it is about 3 quarter of a mile long my farm is about mid way in the lane and I drive in from both sides,
My question is do I have to approachh all the other land owners (7) on the lane or do I just get a red line drawn the full length of the lane on the map ?

cow man

Where would you send the map then ??

Dont be daft

The hawlk wrote: »

I have a farm on a lane which joins two roads it is about 3 quarter of a mile long my farm is about mid way in the lane and I drive in from both sides,
My question is do I have to approachh all the other land owners (7) on the lane or do I just get a red line drawn the full length of the lane on the map ?

By the sounds of it it may not even be a right of way. Without maps, deeds or knowing the road I cant comment accurately as to what it actually is.

But if it is a right of way then the actual owner is the person you need to talk to .