Registering Right Of Way Question

Davidwestcork

Hi

I currently access my property via my neighbours folio.

Looking through the maps from the registry of deeds there is a map showing the right of way coloured in at the year 1920 and again in 1952.

The property has not been sold since and there has been no changes to the layout of the mapped right of way either.

The laneway is still in use on a daily basis but not registered through the land registry.

Is there a major rush to register this lane way by november 2021 or can this be registered at a later date easily enough with the approval of the neighbour.

Thanks in advance.

Claw Hammer

Davidwestcork wrote: »

Hi

I currently access my property via my neighbours folio.

Looking through the maps from the registry of deeds there is a map showing the right of way coloured in at the year 1920 and again in 1952.

The property has not been sold since and there has been no changes to the layout of the mapped right of way either.

The laneway is still in use on a daily basis but not registered through the land registry.

Is there a major rush to register this lane way by november 2021 or can this be registered at a later date easily enough with the approval of the neighbour.

Thanks in advance.

Was there an express grant of the Right of Way.

ittakestwo

Davidwestcork wrote: »

Hi

I currently access my property via my neighbours folio.

Looking through the maps from the registry of deeds there is a map showing the right of way coloured in at the year 1920 and again in 1952.

The property has not been sold since and there has been no changes to the layout of the mapped right of way either.

The laneway is still in use on a daily basis but not registered through the land registry.

Is there a major rush to register this lane way by november 2021 or can this be registered at a later date easily enough with the approval of the neighbour.

Thanks in advance.

If you have been using the right of way continuously then there is no need to rush to register it.

Many rights of way in Ireland are prescibed rights of way ( not on the property title but have come into existence through usage). If you have stoped using a prescribed right of way then there is a need to register before the deadline in November but if you have not stopped using a right of way there is no need as you can make an application for a prescribed right of way after the deadline under the 2009 Conveyancing Act from continuous usage over the last 12 years.

Claw Hammer

ittakestwo wrote: »

If you have been using the right of way continuously then there is no need to rush to register it.

Many rights of way in Ireland are prescibed rights of way ( not on the property title but have come into existence through usage). If you have stoped using a prescribed right of way then there is a need to register before the deadline in November but if you have not stopped using a right of way there is no need as you can make an application for a prescribed right of way after the deadline under the 2009 Conveyancing Act from continuous usage over the last 12 years.

It is not quite that simple. Nobody has been using a right of way for 12 years since the 2009 Act. Can the o/p prove that there was a continuous period of usage of 20 years prior to the 2009 Act?

ittakestwo

Claw Hammer wrote: »

It is not quite that simple. Nobody has been using a right of way for 12 years since the 2009 Act. Can the o/p prove that there was a continuous period of usage of 20 years prior to the 2009 Act?

If the OP does not register the ROW under the old law by November, then there is not much to worry about as they can register it under the new law after November based on thier continuous usage over the last 12 years.

Lets say the OP continues using the ROW but leaves it to 2023 to make an application to register the ROW. Then they can register the ROW from thier usage between 2011 to 2023.

The problem is for people who have stopped using ROWs who can no longer go under the old law after November which does not require continuous usage up to the application. So some user can register a ROW under the old law up untill November, but wont be able to go under the new law as it requires 12 years of continuous usage next before the application to register it which they wont have, as they stopped using it.

Davidwestcork

Claw Hammer wrote: »

It is not quite that simple. Nobody has been using a right of way for 12 years since the 2009 Act. Can the o/p prove that there was a continuous period of usage of 20 years prior to the 2009 Act?

Yes I can prove usage of the right of way via a registry of deeds map from 1952 and has been in use since.

1874

What about a situation where a house that the owners had and used access across a portion of land of another folio, but which is paved and appears part of a public road ie it is not blocked off and there is no obvious difference or change from the public road? If a new owner purchases such a property, do they need to register an interest before Nov under the old law given the previous occupant could only have been accessing the property across said portion of paved land? does a ROW exist?