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right off way access road

  • 14-06-2015 10:39pm
    #1
    Registered Users, Registered Users 2 Posts: 69 ✭✭


    Hi

    We use a public right of way access road through a bog to get to our plot of turf.

    The bog is now being planting.

    Does anyone know how wide the man planting the bog needs to leave for our access road?

    That is- what width is the public right off way road suppose to be?


Comments

  • Closed Accounts Posts: 730 ✭✭✭SILVAMAN


    5 m setback either side of the right of way, and the width of the right of way is whtever the track width was, or it may be marked on the folio


  • Registered Users, Registered Users 2 Posts: 69 ✭✭tommyc123


    SILVAMAN wrote: »
    5 m setback

    Thanks, but what do you mean by "setback"?


  • Closed Accounts Posts: 730 ✭✭✭SILVAMAN


    tommyc123 wrote: »
    Thanks, but what do you mean by "setback"?

    Clear space/unplanted 5 m strip from sides of ROW


  • Registered Users, Registered Users 2 Posts: 69 ✭✭tommyc123


    SILVAMAN wrote: »
    5 m setback either side of the right of way, and the width of the right of way is whtever the track width was, or it may be marked on the folio

    Well, we used to just drive the tractor along it, so access track used just be width of the tractor.


  • Closed Accounts Posts: 730 ✭✭✭SILVAMAN


    Dosen't mean you can widen the ROW just because it's not planted so as to get larger vehicles in.


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  • Registered Users, Registered Users 2 Posts: 69 ✭✭tommyc123


    SILVAMAN wrote: »
    Dosen't mean you can widen the ROW just because it's not planted so as to get larger vehicles in.

    Grand . But what width are they supposed to leave for the actual road then, excluding the 5 metres setback at each side


  • Closed Accounts Posts: 730 ✭✭✭SILVAMAN


    It depends on the width of the original road, or that width may be noted on the folio.


  • Registered Users, Registered Users 2 Posts: 69 ✭✭tommyc123


    SILVAMAN wrote: »
    Clear space/unplanted 5 m strip from sides of ROW

    Thanks. Is that a legal requirement, ya ?


  • Registered Users, Registered Users 2 Posts: 69 ✭✭tommyc123


    Are the forestry / landowner required to put drains at each side of my access road?


  • Closed Accounts Posts: 730 ✭✭✭SILVAMAN


    No.
    Right of way issues are very contentious..............................
    here's an explanation of what one is, and I'm sure there are threads on boards.ie in the legal section-just go there and search the fora.
    http://hcalaw.ie/rights-of-way-over-land-registration-and-long-use/


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