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prescriptive right of way for unauthorized development

  • 15-06-2018 9:56am
    #1
    wazzoraybelle
    Registered Users, Registered Users 2 Posts: 659 ✭✭✭


    Looking through the advice notes on the PRAI website I read that an easement must "be capable of forming the subject matter of a grant (e.g. there can be no prescriptive claim to a right of privacy or a grant contrary to public policy)"

    This got me wondering whether a landowner can ever claim a prescriptive right of way to access an unauthorized development. Any thoughts?


Comments

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


    Mod
    Mixing a number of issues there, but will leave open for general discussion, subject to rule on legal advice


  • #3
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    This got me wondering whether a landowner can ever claim a prescriptive right of way to access an unauthorized development. Any thoughts?

    You are conflating two ideas

    You either have a right of way to access X or you dont.


  • #4
    wazzoraybelle
    Registered Users, Registered Users 2 Posts: 659 ✭✭✭wazzoraybelle


    Mr. Incognito wrote: »
    This got me wondering whether a landowner can ever claim a prescriptive right of way to access an unauthorized development. Any thoughts?

    You are conflating two ideas

    You either have a right of way to access X or you dont.

    Yeah, I understand where you are coming from. But a prescriptive right of way can be claimed for agricultural purposes, which would exclude other purposes.


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