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granting right of way

  • 06-05-2015 3:58pm
    #1
    tiddleywinks
    Registered Users, Registered Users 2 Posts: 7 ✭


    A forestry company has approached me seeking to build a road over my land so they can extract timber.
    I don't want to sell the land, and would like to facilitate. What sort of monetary compensation should I ask for, and is it possible to limit the use of the road to timber extraction only? Thanks


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    For all the information you've supplied, you might as well ask us to value your house with us knowing where it's located or how big it is.

    You have two issues to consider....

    1. Whether to sell a strip of land or grant a right of way, you need to talk to a solicitor about the issues each would involve.

    2. How much to ask for is a commercial decision, I'm not sure where you'd get professional advice for this as each situation is going to be unique. A big consideration is going to be the cost to the forestry company of shifting timber out of the forest via the long route i.e. if they can't get across your land. The other issue is whether they have a second option so maybe it will be you and someone else competing for the sale of access rights?


  • #3
    redbel05
    Registered Users, Registered Users 2 Posts: 216 ✭✭redbel05


    tiddleywinks wrote: »
    A forestry company has approached me seeking to build a road over my land so they can extract timber.
    I don't want to sell the land, and would like to facilitate. What sort of monetary compensation should I ask for, and is it possible to limit the use of the road to timber extraction only? Thanks

    Are you the only person who's land the forestry company will have to cross? If you aren't, you could always ask your neighbors how much they are getting compensated.
    Whatever you do, definitely hire a solicitor to write up whatever agreement is needed and to limit their use if that's what you are worried about. Its best to get the rights and responsibilites of each party out in the open at the very beginning. Since the road is going to be used by them potentially forever.
    Also the solicitor will probably have had similar dealings in the area and may be able to advise you on what would be fair compensation.


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    This is not a legal question, really.

    As regards the appropriate level of compensation, you should consider engaging an appropriately experienced valuer/adviser who deals with this sort of thing regularly. Possibly an agricultural adviser, assuming that your land is agricultural land.

    This thread can be moved to the Farming and Forestry forum if you like.


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