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Right of Way Query

  • 27-11-2011 8:48pm
    #1
    ftnbase
    Registered Users, Registered Users 2 Posts: 66 ✭✭


    A neighbouring landowner has recently claimed to have a right of way over a section of my land to gain access to a "severed" portion of his land (severed in that it does not touch his main property). This is the first time he has mentioned this despite having owned and lived on the property for 10 years. There is a means of access to his "severed" land by public road.

    He is claiming that the previous owners of the property (before he acquired it) had a right of way over my property but I am satisfied that they never used the alleged right of way for more than 20 years - unless they did so secretly. I have used the land on a virtually daily basis during that time so I would have seen such access taking place.

    The right of way is not registered on my folio and there does not appear to any documentary evidence of its existance. The previous owner of my neighbour's land has said that there was an old agreement on access between two relations who used the land in the past (50+ years ago) but this can not be proven by paper records.

    Is it possible that the a right of way could be proven on the basis of such evidence.


Comments

  • #2
    irishh_bob
    Closed Accounts Posts: 5,700 ✭✭✭irishh_bob


    ftnbase wrote: »
    A neighbouring landowner has recently claimed to have a right of way over a section of my land to gain access to a "severed" portion of his land (severed in that it does not touch his main property). This is the first time he has mentioned this despite having owned and lived on the property for 10 years. There is a means of access to his "severed" land by public road.

    He is claiming that the previous owners of the property (before he acquired it) had a right of way over my property but I am satisfied that they never used the alleged right of way for more than 20 years - unless they did so secretly. I have used the land on a virtually daily basis during that time so I would have seen such access taking place.

    The right of way is not registered on my folio and there does not appear to any documentary evidence of its existance. The previous owner of my neighbour's land has said that there was an old agreement on access between two relations who used the land in the past (50+ years ago) but this can not be proven by paper records.

    Is it possible that the a right of way could be proven on the basis of such evidence.

    not all right of ways are registered on folios and the whole business of right of ways is a notoriously grey area in this country , seems strange that this person has only begun claiming this right of way of late and that he has alternartive access , i would imagine that a right of way has less credibility when thier are other ways and means of accessing a field , sounds like this person might be chancing thier arm and relying on the lack of definitive legislation when it comes to right of ways to get him off the hook , should anyone take him to task , if your concerned about this , you would be wise to consult a solicitor sooner rather than later


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