Gate onto right of way

tattycat

Hiya all. Just to pick a few brains...I want top put a gate from my field onto a right of way to make access easier to get into the field.
Do I need planning permission?
Also neighbour just planted along boundary of right of way. .....difficult neighbour, but I belive he owns the right of way or is he just giving me flannel? ?
Thanks

ganmo

To clarify. You own the property and neighbour has right of way?

Justjens

Never hurts to ask, what's the worst he can say? And if he's likely to say 'no' just think of his reaction when he sees a digger tearing a hole in the ditch!

tattycat

I own the property
He owns the right of way.

Markcheese

Not sure if I'm picking this up right - so you have right of way over his land to your field ?
Who owns the ditch between ye ? 1/2 each ? Wouldn't have thought you could open a new gap without your neighbours permission - might be worth checking your deeds-and asking nicely :-)

Willfarman

If you own the property he only has a right of way if it's registered with the registry. But a right of way doesn't give him ownership of anything only his right to travel over your property. That's my understanding anyway.

Base price

Willfarman wrote: »

If you own the property he only has a right of way if it's registered with the registry. But a right of way doesn't give him ownership of anything only his right to travel over your property. That's my understanding anyway.

+1
However if he owns the land that the right of way is associated with, then I would presume that you would have to get his permission to open a new entrance to access it.

Farmer Pudsey

OP If you own the land he has only a right of way accross it. You can put as many gateways onto it as you like. Check your land maps to see if you own that piece of ground. If it is inside the lines of the deed maps it is yours

mickdw

Who owns the land that you intend to travel over if you break out the new gate?
If it's not yours, you cannot use it. The right of way is likely there to facilitate other farmers passing that way that may not have direct access to their property.

tattycat

Thanks for all the input! I've had a look nd I think he's a bit of a 'cute' chap as he's bought about 2 foot into my land off the right of way, so I guess I'm buggered with that idea....again thanks for the input.

Markcheese

I'm more confused now than before -

tattycat

The whole property was bought 20 years ago, and various bits sold off; until the last parcel, which is mine. House nd 4ish acres.
The deal over the right of way was done before I became involved with the property, and I'm a bit uncertain with what's what.
Hence the questions.

Also very uncertain Re right of way , how it works etc....

The property is on a 'rent to buy', and we intend to buy! However 'things'are coming to light little by little, and will need sorting out before the final paperwork is done.

'Rent to buy' = rent counts as deposit for the purchase of the property, if property is purchased.
If the property is NOT sold, monies payed counts as rent for the period.

mickdw

Ok so The neighbour owns the land where you are hoping for right of way.
If your land is already accessible from some other point, you are not entitled to a right of way unless there is one already in place or unless the neighbour grants you a right of way.
Id be very worried about chap having bought 2 feet of your Land.

Base price

tattycat have you looked at the historical maps that should show this right of way. Also the deeds of the house and 4ish acres that you bought should mention the fact the you either do or don't have use to the right of way.

Farmer Pudsey

Base price wrote: »

tattycat have you looked at the historical maps that should show this right of way. Also the deeds of the house and 4ish acres that you bought should mention the fact the you either do or don't have use to the right of way.

As far as I know a right of way is mentioned on maps that the right of way is on. Look up map on Property registeration authority. You can buy a copy of the deed for about 5 euro

http://www.prai.ie/#landdirectDiv

Base price

Farmer Pudsey wrote: »

As far as I know a right of way is mentioned on maps that the right of way is on. Look up map on Property registeration authority. You can buy a copy of the deed for about 5 euro

http://www.prai.ie/#landdirectDiv

I presume that tattycat's solicitor would/should have checked it out before the title was transferred.

Markcheese

Yup, get some legal advice- May take an engineer to do a site visit as well -
The 2 foot you've mentioned could that be the bounds ditch ( or where it was ) between you and your neighbour or even a hostage strip between properties - ( basically if you own both sides of a boundary ditch , it gives you a lot more right to open a new gap onto the right of way - May not give you the right to use the right of way though -