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establish right of way

  • 02-02-2012 8:27pm
    #1
    Nobbies
    Registered Users, Registered Users 2 Posts: 352 ✭✭


    hi all.can i ask if averbal objection to aperson trying to establish aright of way over time is sufficient or does it need too be on paper so to speak to make it stand?,and delivered to the person. thanks


Comments

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


    Nobbies wrote: »
    hi all.can i ask if averbal objection to aperson trying to establish aright of way over time is sufficient or does it need too be on paper so to speak to make it stand?,and delivered to the person. thanks

    the issue of right aways in this country is a real minefield , im not a solicitor but i would be pretty confident that an oral declaration of objection would be worthless , you should talk to a solicitor about this as it sounds like its something that is playing on your mind , the person who is attempting to establish a right away is probabley well aware of how ambigious the law is on right aways , most of the right aways in ireland are not even registered on land reg folios


  • #3
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    As Irish B ob says Rights of Way etc are a v ery difficult area of law.

    Read up on the Lissadell case!


  • #4
    jblack
    Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    Ives v High is a good read.


  • #5
    Corruptable
    Registered Users, Registered Users 2 Posts: 317 ✭✭Corruptable


    The whole area of Easements (of which a right of way is part of) is generally very complex and specialised. As has been mentioned, you need only look at the Lissadell case or the recent difficulty Junior Minister Alan Kelly is having.

    There are three ways of acquiring an easement. The first is express grant or reservation (in the original title deed documentation), implied grant or reservation (by necessity, common intention, Wheeldon v Burrows, statute, etc.) and finally by prescription.

    For prescription (i.e.: the land has been long used for the purpose of the right of way), the minimum period of continious use is now specified as 12 years under the Land and Conveyancing Law Reform Act 2009. If there is an interuption of at least one year, then the process starts over.

    As I said and as you can see it's complicated, and you'd be best seeking proper legal advice on this matter.


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