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Public right of way prescriptive or public?

  • 09-05-2015 7:22am
    #1
    Registered Users, Registered Users 2 Posts: 1,113 ✭✭✭


    I have a very old boundary wall which has been covered in ivy for over 20 years since we moved in.
    My neighbour ( of 8 years) has cleared the ivy (without permission) to rebuild the wall which he claims is his.
    Under the ivy is an old stone set of steps built over the wall providing some very old access route to my land. The ownership if this section of wall is definitely mine and not in dispute.
    My neighbour contends this is an ancient right of way which allows access across my land into his land (a large country house). He has therefore claimed rights to install a pathway and fence to reinstate this stile.
    There is no clue to what the access is for as it goes into a field and there is no obvious reason for it's existence.
    Is it public and if so where would it be recorded?
    If prescriptive I guess the neighbour has to prove it forms an important access to his property.

    My problem also is it is a handy spot to park and hop over the wall and relieve yourself or worse fall into the adjacent stream which is not fenced off. That leaves me with a potential third party liability I didn't have previously.
    Where can we go for the approved rights of way information?


Comments

  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    You need to hire a solicitor. He can investigate and write a letter seeking proof of any claimed rights.

    If he cannot prove it you can close the gap and replant the ivy.


  • Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    As above. AFAIR, the expiration of old rights of ways is of a long duration, offhand up to 100 years?


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Rights of way can be complicated.

    Hard to establish the facts, the legal authorities often uncertain and conflicting, and ( like many land disputes ) can be very emotional.

    Lissadell is only the most recent of bitter battles on these.

    As already advised, talk to your solicitor


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