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Question about inheriting a right of way?

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  • 12-10-2019 11:26pm
    #1
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭


    The question may sound strange but it got me wondering? A neighbor has an agreement possibly written into the deeds for their house for a named person to have a right away down their drive (more of a track) to get to farmland.

    Now that particular person would never use that right away but their son would occasionally (more land has been bought making it unnecessary to use the right of way).

    So is it normal for a right of way to be inherited and how are rights of way passed on? I'm thinking of similar instances where a farm has access to land and then the land is sold. It just seemed strange that a named person has access and not the owner of the land that needs the access.


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    #2
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    There are different types of rights of way and easements.
    An easement on a deed generally remains with the land in perpetuity but others can have explicit expirations after a set number of years.


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    #3
    Peregrinus
    Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    If this is a right of way granted to a named individual, and the instrument granting it doesn't say anything about heirs, successors, etc, then the right of way is personal to that iindividual and will lapse when they die or surrender it.


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    #4
    ittakestwo
    Registered Users Posts: 1,644 ✭✭✭ittakestwo


    Peregrinus wrote: »
    If this is a right of way granted to a named individual, and the instrument granting it doesn't say anything about heirs, successors, etc, then the right of way is personal to that iindividual and will lapse when they die or surrender it.

    That rule has been changed. Now words of limitation are no longer needed and easements will transfer to successors even if heirs and successes are not used

    https://www.prai.ie/easements-and-profit-a-prendre-legal-office-notice-no-32006/

    OP you say they no longer need use the ROW because they bought more land and have acquired a more convenient access.

    Note the Harris v Flower rule for ROW's. That is if a ROW is granted for tenement A. The Owner of tenement A can only use the ROW for the purpose of tenement A. So they can not use the ROW to access new land (tenement B) bought after the granting of the ROW. Even if they use the ROW to get to tenement A first and then pass over A to get to B still brakes the Harris v Flower rule.


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    #5
    shane b
    Registered Users Posts: 577 ✭✭✭shane b


    Sorry to drag up an old thread but it was the closest i could find.

    When we bought our house in 2011,We had to get a have a legal right of easement to access the lane up to the house. It actaually held up the sale of the house for a few months at the time. One of the 2 landdowners who signed the right of easement died before christmas and his property is now going to be sold by the executor.

    Do we need a new right of easement and could the new owners (whoever they may be) of the property stop us using the lane? Is there any thing we need to do before the property is sold?

    Thanks



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