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Right of Way on Lane to access site

  • 02-11-2013 7:27pm
    #1
    Registered Users, Registered Users 2 Posts: 34


    We are in the process of buying our site. We were in with the solicitor and he said that because we are accessing the site by a lane we will have to register right of way?? Has anyone done this before. I am worried it will be a long and drawn out process:(


Comments

  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    My sister has a site which she was developing and the neighbors refused right of way to the site and its been idle for 7 years or so. The grounds are nothing more than the old lady doesn't want people going up and down the lane. `So yea, if the land owner agrees you're grand, if not then you can look forward to a very lengthy legal shenningans.


  • Registered Users, Registered Users 2 Posts: 8,184 ✭✭✭riclad


    You need to make sure the right of way issue is agreed ,before you buy the site otherwise ,
    You won,t have full acess to build on it.

    http://www.farmersjournal.ie/site/farming-Deadline-to-register-rights-of-way-looming-12985.html

    If, however, there is already a written agreement, the right of way still needs to be registered with the Land Registry or Registry of Deeds (if not already registered.

    http://www.citizensinformation.ie/en/housing/owning_a_home/buying_a_home/property_deeds.html

    quote


    any burdens, for example, rights of way or charges (mortgages) affecting the property.

    end quote ,


    so a property may have rights of way associated with it on
    land registry folio


    eg right of way for a laneway or path close to the property.

    How to obtain a certified copy of a folio (filed plan)
    When you know the folio number

    If you know the relevant folio number can apply for a certified copy of the folio and map. The fee for a certified copy folio is €6. Click here to download an application form for certified copy folio (MS Word). A certified copy folio with filed plan (map) attached is € 25. Click here to download an application form for a certified copy folio with filed plan (MS Word).

    The completed application forms should be forwarded to the Keeper of Records, at the relevant office. (See 'Where to apply' below)


    I think that deadline has been lifted so people can still apply for new rights of way.

    THERE was a case where a house was for sale,
    the only right of way was thru a womans land.

    in practise the house was bought by someone known to the woman.
    A RELATION of the woman bought the house ,with her permission .
    if joe bloggs had bought it ,
    he would have had no way to legally acess the house ,
    without obtaining the womans permission.

    the house was surrounded by her land ,or other buildings.

    my advice get the full folio ,with the map,
    cost 25 euro,
    from that you can see the boundarys,
    and if theres any right of ways on that property.


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