Right of way.

Charlie George

I have a right of way through my neighbours land for agricultural purposes,but he has his tractor parked there on many occasion and sometimes i cant use it,very frustrating at times,should this right of way be kept clear at all times.

Pat Mustard

This thread contains a request for legal advice, which is not allowed.

However, if replies can avoid legal advice, the thread may remain open.

Otherwise, the thread will have to be closed and posts deleted.

Ken.

First and most obvious thing I have to ask is have you tried talking to the tractor owner?. Second thing is an offshoot of the first question, Are you on good terms with him/her?.

Bepolite

Charlie George wrote: »

I have a right of way through my neighbours land for agricultural purposes,but he has his tractor parked there on many occasion and sometimes i cant use it,very frustrating at times,should this right of way be kept clear at all times.

I concur completely; that must be very frustrating.

NUTLEY BOY

Charlie George wrote: »

I have a right of way through my neighbours land for agricultural purposes,but he has his tractor parked there on many occasion and sometimes i cant use it,very frustrating at times,should this right of way be kept clear at all times.

NOT legal advice.

How does OP say that there is right of way ?

Does it arise under a specific deed ? If so, OP would be sensible to reread the document to clarify the position.

Does it arise by useage ? If so, OP needs to be careful that the land owner is not trying to frustrate the right by being obstructive and effectively strangling the right of way.

Charlie George

Have it in deeds as an agricultural right of way,not on best of terms at minute with neighbour,not sure what to do.

Manach

Offhand, the preferred option is not to involve the law and discuss this issue with the neighbour to take their point of view. Saying that it might be an option both to check with the local authorities as there is a AFAIK a duty on them to list all the various rights of way in their areas and as well to confirm this is an actual right of way and not a lesser access route that depends on the owner's good will. Finally, there is the Farmer's forum where they might be people who've similar issues.

Wheelnut

Manach wrote: »

... the local authorities as there is a AFAIK a duty on them to list all the various rights of way in their areas and as well to confirm this is an actual right of way and not a lesser access route that depends on the owner's good will...

Never heard of that before, but if you're right I suspect that it only applies to public rights of way. The OP says he has a right of way for agricultural purposes which is not the same thing.

irishmover

Wheelnut wrote: »

Never heard of that before, but if you're right I suspect that it only applies to public rights of way. The OP says he has a right of way for agricultural purposes which is not the same thing.

Yeah this is a right of way over someone's private land. Its a little more complex than public right of ways. These sort of things have to be completely transparent in the titles/deed otherwise you'll have a serious battle on your hands.

Right of ways are very difficult to prove in Ireland as we've got an inconclusive boundary system and very little way to define exactly where these easements are.

How long have you held this agricultural right of way and has the owner of the land blocked your path for several years now or only sometimes?

Ireland is very messed up with property laws. These sort of things never really end well for either party.

Pat Mustard

Charlie George wrote: »

Have it in deeds as an agricultural right of way,not on best of terms at minute with neighbour,not sure what to do.

I think that what you need to do is to speak to your neighbour.

However, if you are not on good terms, it would be worth checking what your rights are, beforehand.

In your situation, I would bring the deeds to my solicitor and arm myself with that advice, before speaking to the neighbour.

That's just my opinion.

Charlie George

Marked out On maps that i have agricultural right of way through his property,not ideal for him i know but i only use it when i need it to move cattle etc,but in last 6 months he leaves a tractor there to block,sometimes when i ring him he moves it and some time he gives a rant and wont move it.

nuac

Manach wrote: »

Offhand, the preferred option is not to involve the law and discuss this issue with the neighbour to take their point of view. Saying that it might be an option both to check with the local authorities as there is a AFAIK a duty on them to list all the various rights of way in their areas and as well to confirm this is an actual right of way and not a lesser access route that depends on the owner's good will. Finally, there is the Farmer's forum where they might be people who've similar issues.

After Lissadell Local Authorities will have scant enthusiasm for rights of way issues. You are likely to be swiftly advised to see you own solicitor.

Also as seen from the above case, it can be hard to establish the facts, and the law is uncertain.

Read the judgements in that case.

Nothing may be parked on a right of way without the consent of all those entitled to use it.

seagull

Is he parking on the right of way because it's a convenient place for him to park, or just to be annoying?

NUTLEY BOY

Charlie George wrote: »

Marked out On maps that i have agricultural right of way through his property,not ideal for him i know but i only use it when i need it to move cattle etc,but in last 6 months he leaves a tractor there to block,sometimes when i ring him he moves it and some time he gives a rant and wont move it.

I am getting the impression that the neighbour is just getting a bit thick with you. I still suspect that he is effectively trying to frustrate your right of way with the possible end view of constructively extinguishing your entitlement. The problem with these situations is that if you fail to assert your rights in the face of contrary conduct by the other party you could end up losing the entitlement i.e. use it or lose it.

I agree with other opinions about firming up your legal position by taking advice from your solicitor first when they have examined the deeds. Armed with that advice you do need to speak to the neighbour, as others have already suggested, with a view to resolving the issue between you amicably. The next level is a solicitor's letter to the neighbour demanding your rights. The next level after that could be very expensive, uncertain of outcome and the foundation for a cold war which is not a good idea.

Out of curiosity, my suspicious mind wonders if your neighbour has any reason or advantage to try and extinguish your right of way. I am wondering, for example, if the extinguishmnet of the right of way would suit his convenience for other reasons like building development or sale of land or the like.

Charlie George

He is parking there just to p--s me off i think,he has plenty of other places to park but chooses not to,was thinking of sending a solicitors letter and he might get the message,right of way is a bit weird in my opinion,passing by his house,i wouldn't like it myself but it was there before i bought the place and im just exercising the right when i need it.

seagull

Would it be possible/practical to reroute your right of way so that it's further from his house?

barneyrubble46

I have a right of way through my land, the right of way is for the farmer to use for what ever reason he chooses, it is written into my deeds, if I where to block the right of way the farmer could sue me, however this would be expensive and complicated, my advise to you, stay on good terms with the farmer, find out if maybe he can park his tractor somewhere else, basically talk to him, keep on his good side, and speak to a good solicitor, these are hard to find. Rights of way are complicated and a lot of solicitors will not touch these with a ten foot barg pool!! good luck

slimjimmc

Charlie George wrote: »

He is parking there just to p--s me off i think,he has plenty of other places to park but chooses not to,was thinking of sending a solicitors letter and he might get the message,right of way is a bit weird in my opinion,passing by his house,i wouldn't like it myself but it was there before i bought the place and im just exercising the right when i need it.

If this turns out to be the main thorn in his side he might be amenable to transferring the right of way to another area of his land away from his house, if that is possible. I don't know but it might be best to seek legal advise before mentioning that to him in case it causes you problems down the line.

Charlie George

No chance of moving right of way,he isn't a farmer so hasn't much ground,its me whos the farmer.

Esel

Charlie George wrote: »

No chance of moving right of way, he isn't a farmer so hasn't much ground, its me whos the farmer.

Did he just buy a junk tractor to block your right of way?