registering rights of way

minerleague

I know rights of way have to be registered by Nov of this year, has anyone here done this? Can you do it without solicitor?

sandman30

minerleague wrote: »

I know rights of way have to be registered by Nov of this year, has anyone here done this? Can you do it without solicitor?

A neighbour registered a right of way across our land. He was getting a bank loan secured on the land, so the bank insisted on it. Our solicitor insisted on an engineer marking the route, so he had to pay his own solicitor, our solicitor and an engineer.

It may be possible to do without a solicitor, but you need to swear an affidavit, so need either a commissioner for oaths or solicitor for that. I would strongly recommend using a solicitor to avoid problems down the line.

You won't lose the right of way if it's not register we by November, it just becomes more expensive and difficult to register as you will need a court order to register.

Montage of Feck

Parents have asked me to register a right of way, under the assumption it was relatively easy and could be done online? But I'm guessing its a bit more involved than that, can't seem to find much info in whats involved though.

cjpm

There’s a massive can of worms that will be opened once they must be all registered around the country. Last time it was due to happen the deadline was extended. Could happen again.

zetecescort

What is the best way to find out if there are rights of way on your land?

davidk1394

zetecescort wrote: »

What is the best way to find out if there are rights of way on your land?

Go onto land direct. Enter in your folio number and it'll show you. You might have to pay a €5 fee to get access.

I registered a right of way for land last year. You need an engineer and a solicitor to do it. I don't think there is any other way. The engineer cost me €477 and the solicitor was nearly the same

Dinzee Conlee

davidk1394 wrote: »

Go onto land direct. Enter in your folio number and it'll show you. You might have to pay a €5 fee to get access.

I registered a right of way for land last year. You need an engineer and a solicitor to do it. I don't think there is any other way. The engineer cost me €477 and the solicitor was nearly the same

How did you go about it David?

I tho k I might need to do it, need to check on land direct.
But did you just say it to the neighbour that you were registering a right of way? What did they have to do?

leoch

Who has to register it the land owner or the person who uses it and can one person register it without the other person knowing or do both need to sign off on it

Fuascailteoir

davidk1394 wrote: »

Go onto land direct. Enter in your folio number and it'll show you. You might have to pay a €5 fee to get access.

I registered a right of way for land last year. You need an engineer and a solicitor to do it. I don't think there is any other way. The engineer cost me €477 and the solicitor was nearly the same

If there are rights of way already marked on that website is that set in stone and you don't need to register that?

davidk1394

Fuascailteoir wrote: »

If there are rights of way already marked on that website is that set in stone and you don't need to register that?

AFAIK if it appears on the map it's registered already.

davidk1394

leoch wrote: »

Who has to register it the land owner or the person who uses it and can one person register it without the other person knowing or do both need to sign off on it

If you need the right of way you need to register it. You also have to get a signed letter of permission from the landowner that is witnessed by someone who has no connection to your family or the landowners. You can't register a right of way without that letter.

davidk1394

Dinzee Conlee wrote: »

How did you go about it David?

I tho k I might need to do it, need to check on land direct.
But did you just say it to the neighbour that you were registering a right of way? What did they have to do?

Go onto land direct and see if there is a registered right of way. If not talk to your neighbour. As I said in the post above me. You need a letter to say your neighbour has no issue and include the folio number. Both of you have to sign it and it has to be witnessed and dated. An engineer has to draw the lines on the map and your solicitor has to register it with your local land registry office. It can take six months from the time it is handed into the land registry to appearing on a map. Luckily I have a very good relationship with my neighbour. If I didn't I wouldn't have been able to get a right of way in such a short time frame.

minerleague

davidk1394 wrote: »

If you need the right of way you need to register it. You also have to get a signed letter of permission from the landowner that is witnessed by someone who has no connection to your family or the landowners. You can't register a right of way without that letter.

Thanks for all replies, being putting it off, but looks like need to involve solicitors etc. Can see the need to get them registered as when older generation not around anymore disputes could arise after. Mine are obvious and used regularly so not expecting any problems that way just hate paying " professionals " if it could be done DIY :rolleyes:

davidk1394

davidk1394 wrote: »

If you need the right of way you need to register it. You also have to get a signed letter of permission from the landowner that is witnessed by someone who has no connection to your family or the landowners. You can't register a right of way without that letter.

You can get it,without landowner permission....its a ton of work

I know of soneone who has landlocked land,where the surronding owner wont sign/ignores requests to sign off....it involved engineers,solictors and search of old maps/deeds going back to 1840s,receipt of purchase of land etc

You have to have proof of use over a certain length of time (9 years afaik).........but its much easier and leaves less of bitter taste for everyone involved to work together

chooseusername

Burdens forms 60-69 here;

https://www.prai.ie/forms/#verticalFormsTab8

you want form 68
.............................................
Or this crowd , I don't know what they charge ,
but it sounds simple enough if it's an existing right of way
and landowner is in agreement
I haven't used this service so I can't vouch for it.

https://www.propertymapsireland.com/right-of-way

There's a thread over in planning and construction
where a r.o.w. was registered without landowner knowing;

https://www.boards.ie/vbulletin/showthread.php?t=2058187938

kollegeknight

What about a right of way that was there but not now?

There’s a mass path that we use and now it’s across a forestry and no trees planted in it but not on land direct as one.

Will we need a solicitor?