Right of way Help needed

The grim

Hi folks,
I'm looking for someone who knows their stuff on land right of way disputes. Can anyone give me a name of a solicitor who is good in this area. And also a barrister who has good experience with these type of cases.
Please PM me if you wish.
The disputed land is in the Munster area but I am happy to take advice from an expert regardless of where they are based.
Really appreciate any pointers. It's a messy one where our 6" water pipe from a reservoir was dug up and destroyed it runs across there land another persons land and a main road ...
Again really need some direction and advice

BonnieSituation

The grim wrote: »

Hi folks,
I'm looking for someone who knows their stuff on land right of way disputes. Can anyone give me a name of a solicitor who is good in this area. And also a barrister who has good experience with these type of cases.
Please PM me if you wish.
The disputed land is in the Munster area but I am happy to take advice from an expert regardless of where they are based.
Really appreciate any pointers. It's a messy one where our 6" water pipe from a reservoir was dug up and destroyed it runs across there land another persons land and a main road ...
Again really need some direction and advice

First thing I would do would be to contact the SCSI and they can point you in the direction of a Charted Surveyor (Land) and Solicitors for this.

Boundaries:
https://www.scsi.ie/advice/boundaries

Neighbours:
https://www.scsi.ie/advice/neighbours

Dispute resolution committee:
https://www.scsi.ie/dispute_resolution/procedures

The grim

That's great advice , it's not something we would b up to speed on but it desperately needs sorting out .
Again appreciate the advice

td5man

Is there some change in the law that by 2020 you need to have it in writing that you have right of way?

Muckit

What you are talking about OP is a way leave. It differs from a right of way.

A way leave would be in place where pipes or other services have to be accessed in order to service them. I can't really figure out your particular circumstances from your description.

You can find out alot yourself. Go on landdirect.ie. sign in as guest and find the lands you are talking about on the map of Ireland.

Click on the folio and you can buy the details for that folio for €40. You don't have to own the land to do this. It should be written on the folio and marked on the maps that you will get what easements (including way leaves) are present.

Any solicitor worth his/her salt should be able to give you legal advice on any issues you have after this.

Hope this is of some help.

onyerbikepat

Great advice from Muckit there. I don't think you need a specialised solicitor. Any solicitor worth their salt could handle this.
I was on Land Direct only yesterday. Its basically the Land Registry. All the rights of way are shown as yellow lines. There is a lot of them around. We travel over half a mile on a right of way to get to some of our land. Interesting too see who actually owned the land that the road was on.

Anyone know why some land parcels are not the registry. It says to refer to the Registry Of Deeds. All the old estates for example, are this way.

The grim

td5man wrote: »

Is there some change in the law that by 2020 you need to have it in writing that you have right of way?

Unsure it's wrote on the deeds. ??? Should it be on something else or ???

Muckit

It needs to be written on the folio. It's either on it or not.

Charliebull

Who installed the pipe,
Was permission got from landowner
It should be on his folio showing the line of the pipe , you should have a way leave to maintain and carry out works to the pipe
Was it dug up on purpose
As muckit said, any good solicitor will sort

Base price

OP are you part of a group water scheme. Only reason that I ask is because you say the pipe comes from a reservoir.

In the old days if you had a spring well, then anyone could cross your land to gather as much water as they could carry without hindrance or interference from you. They also had to respect the landowner and close gates etc.
From memory, when the local group water scheme came into fruition, my Grandparents along with others agreed that pipes could transverse their lands so that water could be brought via the most direct/cost effect route to other neighbours. That would have been in the late 60's.

Markcheese

Have you spoken to the other landowner ? (Or who ever dug up your pipe) - are you sure it was deliberate... (Removing the pipe may have been - depriving you of water may not ) -

The grim

Muckit wrote: »

What you are talking about OP is a way leave. It differs from a right of way.

A way leave would be in place where pipes or other services have to be accessed in order to service them. I can't really figure out your particular circumstances from your description.

You can find out alot yourself. Go on landdirect.ie. sign in as guest and find the lands you are talking about on the map of Ireland.

Click on the folio and you can buy the details for that folio for €40. You don't have to own the land to do this. It should be written on the folio and marked on the maps that you will get what easements (including way leaves) are present.

Any solicitor worth his/her salt should be able to give you legal advice on any issues you have after this.

Hope this is of some help.

hi muck it
thanks for your reply .
yes its on the deeds as a right of way , the map land-registered clearly showes the right of way
as for land direct its set up by a guy and only shows the right of way at a distance and not
but not as you close in , however my understanding is that land-direct is a site set up by a guy called o neilk and not the land registry the PRSA is the correct crowd .
well here is where it gets messy this is a large company and not every scolisitor is willing to challange them this been a country area , we get the feeling that they dont want to be seen to challange them . now that the feeling we are getting ! so i want to find the best in the country or the most aggressive bulldog of a solicitor that would sue his parents as i believe this is our only way forward at this point as its gone on too long as it .
again i thank you for your advice and any more would be BRILLIANT as i need to start ticking boxes here

The grim

Muckit wrote: »

It needs to be written on the folio. It's either on it or not.

hi muck it
yes its written on the deeds as a right of way , infact it was the only right of way at the time . another entrance had been applyed for and granted and had to be installed as our access was cut off .

The grim

Charliebull wrote: »

Who installed the pipe,
Was permission got from landowner
It should be on his folio showing the line of the pipe , you should have a way leave to maintain and carry out works to the pipe
Was it dug up on purpose
As muckit said, any good solicitor will sort

hi charlie bull , the pipe is 6" cast was installed way back in the day . unsure as to what was agreed at the time as i wasn't on the planet , however the pipe was installed for a great house at the time , who owned all the land around and the water tower was installed the other side of the main road where the land is owned by another person and on the title deeds is the right to maintain and any works in relation to the tower and pipe in his land .

The grim

Base price wrote: »

OP are you part of a group water scheme. Only reason that I ask is because you say the pipe comes from a reservoir.

In the old days if you had a spring well, then anyone could cross your land to gather as much water as they could carry without hindrance or interference from you. They also had to respect the landowner and close gates etc.
From memory, when the local group water scheme came into fruition, my Grandparents along with others agreed that pipes could transverse their lands so that water could be brought via the most direct/cost effect route to other neighbours. That would have been in the late 60's.

hi base price
thanks for your input here
but this i really don't know about , where would i find out about this ?

The grim

Markcheese wrote: »

Have you spoken to the other landowner ? (Or who ever dug up your pipe) - are you sure it was deliberate... (Removing the pipe may have been - depriving you of water may not ) -

hi mark cheese
yes spoke to the current land owner and he basically told us go f off . and no right of way and said that pipe was rotten ! , again bully boy tactics as its a company and no one person is responsible or will take control of the situation and all are saying i don't know who u need to talk to send in a letter for the management .. " then laghts and says gud luck with that "
so as you can see its a layer of management with no one person in charge .
well yes the water was provided via the pipe mainly for the animals and we had mains water on site anyway , but with water charges etc.. we could do with the damage been undone ..
thanks for your input