Easement by necessity

GetWithIt

Does anyone have any experience with regards how easy an easement by necessity is to obtain?

Say there was a house at the bottom of a lane way. Part of the lane crosses private property. Other property owners have over time acquired an explicit right of way across that portion of the lane.

Do you need the permission of owner of the portion of land to get a right of way? Can they explicitly seek an injunction denying you access? Refuse and postal services currently cross the portion of land.

Manach

Assuming this is just theoretical and real legal issues optimally answered by a legal profession. They would be best placed to know the system to ask for this.

So my 2c on the theory: An easement in general is allowed between two plots of land D and S when the right exercised over one plot of land(S) for the benefit for another plot of land (D). There is a 4-stage test for easements in general, which the factual scenario seems to fit (as in Ellenborough(?)). There is a specific easement right (necessity) where it is allowed where the land would be "impossible to enjoy" ie landlocked without it. So the OP would need to be sure that there are no other routes to the property in question.

Sum up, the easement could be argued but getting into a legal dispute with a neighbour is very rarely a good idea.

Pat Mustard

http://www.irishstatutebook.ie/2009/en/act/pub/0027/sec0040.html#sec40
See s.40 of the 2009 Act which abolishes the rule in Wheeldon v Burrows but does not otherwise affect easements of necessity.

Discussion on easements of necessity in this document by the LRC.
http://www.lawreform.ie/_fileupload/reports/reasements.pdf