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ROW Mediations...

  • 05-08-2015 2:37pm
    #1
    summereire
    Registered Users, Registered Users 2 Posts: 299 ✭✭


    Hi, a property which is accessed via a right of way over a long narrow laneway, no other property is accessed via the laneway, this has been the case for about 50 years and the owner of the servient tenement has had no involvement whatsoever with the laneway; the road was laid, maintained etc by the dominant tenement.

    Recently a non-related third party buys the servient tenement and starts dumping on it, stacking branches, storing equipment within the area of the right of way as shown yellow on land registry documents and in the original instrument. When challenged they claim that as they are the owner they may use the property as they please. They state that they will give the servient tenement to the dominant tenement owner if they agree to swap other land that they have their eye on so its obviously a pressure tactic.

    Clearly they are not fully restricting the ROW however they are interfering with passage. Importantly there are no specifications on any instruments etc as to who should do or maintain what etc, just the right of passage in favour of the servient tenement are set out. Any thoughts? Not a request for legal advice, just an opportunity to explore this interesting scenario


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