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Can any one advise me on a right of way

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  • 02-04-2014 1:00pm
    #1
    Registered Users Posts: 9


    Myself and my father had land rented for over 30 year. He approached the owner to open a gap (for machinery and animals to enter and exit)in the ditch in the early 90's which he did on one condition the if the land was ever sold we were to close the gap. The land has passed on to a nephew and now his wife A few years ago a 1 acre site was sold and the original right of way was blocked up (which we also used)we informed the auctioneer and land owner about this. Recently the rest of the land was sold and I blocked up the gap on the advice of my parents. I' am now concerned that the will tried and open this gap on the lane as it is a on a now a public lane. Are we in trouble.


Comments

  • Registered Users Posts: 1,527 ✭✭✭on the river


    Myself and my father had land rented for over 30 year. He approached the owner to open a gap (for machinery and animals to enter and exit)in the ditch in the early 90's which he did on one condition the if the land was ever sold we were to close the gap. The land has passed on to a nephew and now his wife A few years ago a 1 acre site was sold and the original right of way was blocked up (which we also used)we informed the auctioneer and land owner about this. Recently the rest of the land was sold and I blocked up the gap on the advice of my parents. I' am now concerned that the will tried and open this gap on the lane as it is a on a now a public lane. Are we in trouble.

    maybe you should move this to the legal forum.

    Was these conditions written down ?

    if the right of way is not in use presently you may be able to apply to courts and get it stuck off the map or make the rights private.

    Again right of ways are tricky issues . my advise see a solicitor .

    in your own interest block the path up as much as possible and then wait and see.


  • Moderators, Society & Culture Moderators Posts: 4,980 Mod ✭✭✭✭Genghis Cant


    Hi John, My suspicion is that this is way too complex an affair to be solved to your satisfaction on an internet forum.
    I would suggest you seek professional advice armed with all the maps/details you have!
    I hope it works out for ya!


  • Registered Users Posts: 9 Johnpboyy36


    It was a verbal agreement between my parents and the original land owner. It was used up untill jan 2014


  • Registered Users Posts: 9 Johnpboyy36


    I want some advice before I go down the legal route, so I can be aware of all the facts? As going legal can be a costly bill! The gap we open is not on the land title maps but is visible on the single farm payments maps ( or area aid maps)


  • Registered Users Posts: 9 Johnpboyy36


    maybe you should move this to the legal forum.

    Was these conditions written down ?

    if the right of way is not in use presently you may be able to apply to courts and get it stuck off the map or make the rights private.

    Again right of ways are tricky issues . my advise see a solicitor .

    in your own interest block the path up as much as possible and then wait and see.

    Thanks I have moved it to legal


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