right of way

6480

do rights of way have to be registered now

jack77

yes, have till 2018 to do it i think, posts on here before on the issue

jonny d

http://www.midwestradio.ie/mwr/index.php/news/11487-deadline-approaching-on-rights-of-way-issue.html

Not according to this article.

jack77

i was told that date by a solicitor!! granted it was almost a year ago now, but i stand corrected if its right, if in doubt talk to your solicitor i'd say better safe than sorry,

reilig

There's a lot of confusion about this. There was an article in yesterday's sunday independent which stated that rights of way have to be registered by 01/12/2012.

Will be speaking to my solicitor later today and will confirm for you all!

periodictable

6480 wrote: »

do rights of way have to be registered now

was onto property registration board last week- 2021 is the new date- yesterday's Indo article was incorrect.

Dont be daft

2021 is the deadline.

So if you have a Right of Way and its yet to be registered then contact your solicitor and they will push through all the relevant applications to the PRA and the required affidavits to get the Right of Way registered.

As long as you do so before 2021 then the Right of Way will be rubber-stamped and your fine.
But as I said before the longer you leave it the more complex it can become.

I'm not going to defame a national newspaper but the article in the Independent is misleading at best.
Really says a lot about the calibre of journalism the paper produces.
Havent bought an Indo since they published a photo of DJ Carey's partner, clearly upset, peering out through her curtains after she was declared bankrupt.
Disgraceful behaviour that one would associate with a tabloid.

6480

its eight years ago i was going to build a silage pit in the yard and my cousin told me he has a right of way through our yard to a piece of land he has behind our farm , he never used the right of way through our yard in 20 years , i didnt build the pit afterwards to prevent a world war but i did at the time offer the cousin a different route around the yard and back on to the right of way and put it down on paper with the land registery but he wouldnt ,

Dont be daft

6480 wrote: »

its eight years ago i was going to build a silage pit in the yard and my cousin told me he has a right of way through our yard to a piece of land he has behind our farm , he never used the right of way through our yard in 20 years , i didnt build the pit afterwards to prevent a world war but i did at the time offer the cousin a different route around the yard and back on to the right of way and put it down on paper with the land registery but he wouldnt ,

Their a complete mess alright. I always said that it was no coincidence that the acronym for Right of Way is ROW.
Cos thats all they are, a row waiting to happen. Doesnt matter if it takes 10 years or a hundred, sooner or later all Right of Ways cause a row.
Mind you, the Right of Way dispute is 9 times out of 10 merely a front for hammering out another issue (usually a personal issue).

If this requirement to register goes some way to cutting down on those arguments, then its well worth it.

6480

Dont be daft wrote: »

Their a complete mess alright. I always said that it was no coincidence that the acronym for Right of Way is ROW.
Cos thats all they are, a row waiting to happen. Doesnt matter if it takes 10 years or a hundred, sooner or later all Right of Ways cause a row.
Mind you, the Right of Way dispute is 9 times out of 10 merely a front for hammering out another issue (usually a personal issue).

If this requirement to register goes some way to cutting down on those arguments, then its well worth it.

agree with u there but i hope its this year it happens

periodictable

Assuming the servient tenement owner contests the right of way, I suppose it will go to court? In such a case who bears the costs?

Dont be daft

periodictable wrote: »

Assuming the servient tenement owner contests the right of way, I suppose it will go to court? In such a case who bears the costs?

Yeah, if a claim is contested then a court order is required.

As for costs there's no fixed rule. It varies according to the facts of each case.
But it would usually be the case that each party would pay their own.
It would take maliciousness, abuse of process, maybe intimidation or even violence to persuade a Judge to award costs.
Have seen it happen but it requires a pretty high standard of "blagarding".

zetecescort

is there anyway to find out about possible ROW through your land? how would somebody prove it exists in court?

6480

zetecescort wrote: »

is there anyway to find out about possible ROW through your land? how would somebody prove it exists in court?

land registry office as the row of my cousins is marked on the map of our land

redzerologhlen

We have some land that is landlocked, basically the only way to access it is through the right of way, Would these new laws affect that?

tanko

redzerologhlen wrote: »

We have some land that is landlocked, basically the only way to access it is through the right of way, Would these new laws affect that?

As far as i know, a right of way to a landlocked plot is a slightly different issue. But you should still get your ROW registered anyway for your own piece of mind. Best thing is to talk to a solicitor.

Dont be daft

zetecescort wrote: »

is there anyway to find out about possible ROW through your land? how would somebody prove it exists in court?

They're usually marked on the property folio map, but not always.
Proving one that isn't marked is usually by affadavit or witnesses and its just a matter of who the judge believes.

redzerologhlen wrote: »

We have some land that is landlocked, basically the only way to access it is through the right of way, Would these new laws affect that?

Thats were it gets a bit complicated. Kind of hard to explain in writing but I'd second what Tanko has said.

tanko wrote: »

As far as i know, a right of way to a landlocked plot is a slightly different issue. But you should still get your ROW registered anyway for your own piece of mind. Best thing is to talk to a solicitor.

hugo29

as far as i know if your land does not border a public road and access is required via another persons property (right of way) then unless you have a registered right of way the you may not get paid your SFP

date is 2021, i have both scenarios, ROW over field and shared laneway and solicitor has advised i get both registered,

as far as i am concerned its another bill i could do without

leoch

hugo when u say get it registered who do u register it with, my neighbours have a row through my land to a bit of theres,they hardly ever use it because they can get to there land through there own land ,but could they register the row without my knowledge and if so how would i find out if they have already done it

hugo29

leoch, i dont think they can register without your consent,
it has to be registered with the Land Registry, usually their solicitor contacts your solicitor asking for your permission to register row,
if you want to check you can ring the land registry, quote your folio number and ask them if any row are already registered as a burden on your folio, if not then they need your consent, thats my understanding but you should check with your solicitor

why do they need a row if they can access already

leoch

they use it only the very odd time because there side is steep and when its wet they come in the row which is a very hard lane

hugo29

technicially speaking they do not need it registered if the land is part of a block that bounds a public road,

leoch

its not bound by a public road its land locked by there own and my land

hugo29

im not sure i follow you, maybe i am taking you up wrong but my understanding is they can access it via there own land by means of a steep hill, i am assuming some of their land which they access it from bounds a public road somewhere, if so then this parcel of land which they have row over your block too also bounds a public road by virtue of the fact it bounds their land which bounds a public road, i hope this makes sense

periodictable

hugo29 wrote: »

as far as i know if your land does not border a public road and access is required via another persons property (right of way) then unless you have a registered right of way the you may not get paid your SFP

date is 2021, i have both scenarios, ROW over field and shared laneway and solicitor has advised i get both registered,

as far as i am concerned its another bill i could do without

Where someone's land is accessible ONLY over someone else's property, ie it's landlocked, there exists an easement of necessity, and this is not covered by the2009 act.
This means that the ROW cannot by lost by the person availing of it to access their land, although if the properties become unified under one owner, the easement ceases to exist.
However with such an easement it's best to register it.

Dont be daft

hugo29 wrote: »

technicially speaking they do not need it registered if the land is part of a block that bounds a public road,

Sorry to be blunt here Hugo but thats not correct. If anything its even more important to register a ROW if access is achievable by another means.

I think a few inaccuracies have crept into this thread.
I appreciate that lads want answers but even a solicitor cant give decent advise by typing something out.

If you want answers go to someone who has the knowledge and the available information to advise you properly, and explain it in person.

I know its another bill you can all do without, but trust me when I say this, making a balls of something like this can run into huge money very quickly.

fliper

I have a neighbour that has a right of way through my field to access his own field. However his own field has as much road frontage as mine but he has never put a gate onto the road, possibly because some but not all slopes away from the road. On the deed for my land it mentions the right of way and states that he can pass on foot or with horse and cart.
Does this mean that his use of the right of way is limited to those uses or can he bring machinery or stock by foot over it.
Would be interested in hearing views. Thanks

hugo29

"Sorry to be blunt here Hugo but thats not correct. If anything its even more important to register a ROW if access is achievable by another means.

I think a few inaccuracies have crept into this thread.
I appreciate that lads want answers but even a solicitor cant give decent advise by typing something out.

If you want answers go to someone who has the knowledge and the available information to advise you properly, and explain it in person.

I know its another bill you can all do without, but trust me when I say this, making a balls of something like this can run into huge money very quickly"

Sorry "dont be daft" I was only answering the original question, which was do the neighbours need to register the right of way, the reason this registering crack came in was there was talk of problems with SFP if land parcels did not bound a public road therefore any ROW to access land parcels needed to be registered to obtain payments, I was answering purely on that basis, if people could prove that land bounds a public road then there was no need to register

any other reason as you correctly point out is a matter for solicitor

Dont be daft

hugo29 wrote: »

Sorry "dont be daft" I was only answering the original question, which was do the neighbours need to register the right of way, the reason this registering crack came in was there was talk of problems with SFP if land parcels did not bound a public road therefore any ROW to access land parcels needed to be registered to obtain payments, I was answering purely on that basis, if people could prove that land bounds a public road then there was no need to register

any other reason as you correctly point out is a matter for solicitor

I get ya now Hugo.

I've no expierence with the SFP/ROW issue so I'll only make an observation.
Registering a ROW doesnt create a ROW.
Its lack of registering and lack of use that destroys a ROW.
To link SFP to a process which will have no baring on the legal status of a property for another 8 years is shaky grounding in a legal sense.

If anyone is in a situation like this I'd suggest they contact the IFA.

hugo29

dont be daft, have you ever seen this country do anything right, if there is a hard way to do something we will find it

wouldnt have it any other way:D