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Another right of way question

  • 19-06-2013 10:19pm
    #1
    buffalobilly
    Registered Users, Registered Users 2 Posts: 259 ✭✭


    Hi. There is a right of way going through my land. The old boy who owned the land on the other side of it died last year. His son who is in England rented the land to a guy who has a reputation for making claims at any chance he gets. I was wondering if he fell or anything on my part of the right of way could he claim of me.


Comments

  • #2
    iverjohnston
    Closed Accounts Posts: 1,242 ✭✭✭iverjohnston


    Have you got public liability insurance? Has he got insurance?
    If it is a right of way, can anyone even claim to own "part" of it? And if someone leaves the right of way, and gets hurt etc, are they not trespassing?
    If I tripped over on the public road, who would I sue?
    If you leave a grass harrow lying on the right of way, and he falls on it, then you cold be in trouble.


  • #3
    reilig
    Closed Accounts Posts: 7,401 ✭✭✭reilig


    buffalobilly wrote: »
    Hi. There is a right of way going through my land. The old boy who owned the land on the other side of it died last year. His son who is in England rented the land to a guy who has a reputation for making claims at any chance he gets. I was wondering if he fell or anything on my part of the right of way could he claim of me.

    It's a right of way. Is it an actual field or a laneway? Do you own it or have you just got a right of way on it too?


  • #4
    hugo29
    Closed Accounts Posts: 3,267 ✭✭✭hugo29


    as reilig points out, is the right of way clearly defined, ie is it fenced, is it a laneway, a path ???

    what is the right of way to, is it a public right of way or a right of way assigned to one or a number of particular persons

    why would the person next door be using it,


  • #5
    Dont be daft
    Registered Users, Registered Users 2 Posts: 442 ✭✭Dont be daft


    buffalobilly wrote: »
    Hi. There is a right of way going through my land. The old boy who owned the land on the other side of it died last year. His son who is in England rented the land to a guy who has a reputation for making claims at any chance he gets. I was wondering if he fell or anything on my part of the right of way could he claim of me.

    Any formal rental agreement will have a clause requiring the lessee to have their own insurance in place. Maybe contact the owner and ask if this is the case and look for insurance details.

    But its really a "How long is a piece of string?" question.
    There are massive variables. Some right of ways have maintenance clauses placed on the user rather than the owner so a claim linked to a lack of maintenance can fall on the user. Thats just one example of how the waters become muddied.

    The bottom line is this cowboy will only have a legitimate claim if you put yourself up to be shot down. Make sure the ROW is clear, safe and defined. All in all, not a nice situation to be in.

    But as I always said, right of way= row. Sooner or later they all cause trouble.


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