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Private right of way

  • 13-07-2015 4:00pm
    #1
    Moggaman
    Registered Users, Registered Users 2 Posts: 350 ✭✭


    There is a private right of way for 4 named people alongside my house , basically through my garden.it was there since my fathers time but we have since built a house there( not on the right of way) and nobody has used this private right of way in probably 50 years. Can I get it extinguished ?. The people named as havin the right of way are deceased but the people who bought their folios probably don't even realise there is a right if way going through my lawn .!


Comments

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


    See Solicitor

    See Solicitor Run

    Run Solicitor Run.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Traditionally, rights of way required to be used to remain valid. However, the law seems to have changed in the last few years, so it might be worth your while talking to a solicitor.


  • #4
    paul71
    Registered Users, Registered Users 2 Posts: 3,323 ✭✭✭paul71


    4 named people, hasn't been used in 50 years?

    Are they still alive?


  • #5
    brian_t
    Registered Users, Registered Users 2 Posts: 6,787 ✭✭✭brian_t


    paul71 wrote: »
    4 named people, hasn't been used in 50 years?

    Are they still alive?
    From the first post - "The people named as havin the right of way are deceased"


  • #6
    Moggaman
    Registered Users, Registered Users 2 Posts: 350 ✭✭Moggaman


    brian_t wrote: »
    From the first post - "The people named as havin the right of way are deceased"

    Yes deceased


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  • #7
    the_sonandmoon
    Registered Users, Registered Users 2 Posts: 409 ✭✭the_sonandmoon


    We had a ROW extinguished before we bought out house earlier this year. It went along the side of the house into our back garden. The then-owner wrote to the Land Registry, detailing the history of the site, and its use. They also put a notice (similar to planning notice) in the paper. The Land Registry wrote to those (maybe 3-4 people) whose folios were linked to the ROW. Within a couple of months, we were issued with a new folio, with no ROW.


  • #8
    paul71
    Registered Users, Registered Users 2 Posts: 3,323 ✭✭✭paul71


    brian_t wrote: »
    From the first post - "The people named as havin the right of way are deceased"

    ok, maybe I am completly missing something here, but why would there be a need to seek to extinguise a right of way for 4 people who cannot avail of the right because they are dead.

    Does the right pass on to someone else?


  • #9
    Moggaman
    Registered Users, Registered Users 2 Posts: 350 ✭✭Moggaman


    paul71 wrote: »
    ok, maybe I am completly missing something here, but why would there be a need to seek to extinguise a right of way for 4 people who cannot avail of the right because they are dead.

    Does the right pass on to someone else?

    Yes, passes onto whoever has folio now


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