Right of way

Easten

I have a piece of land that I access via a right of way. For my land I have the folio, but on the folio it says nothing about the right of way through a neighboring property, it just shows my property outlined. Is this normal, I'd have thought that there should be some mention of the right of way on my properties folio

https://www.boards.ie/discussion/2058219273/right-of-way

For it to be registered on your folio you have to register your right of way

Easten

Could it be a case of only being registered on the land the right of way is over?

ittakestwo

Is there any deed on your title about the ROW? Alot of people belive as they access their property via a ROW then there must be some deed on their property title to support it but in many cases there isn't. The right of way could be from usage and it is best you register the ROW now to protect it. You this by a section 49A application to the Land registry.

partyguinness

https://www.boards.ie/discussion/2058219273/right-of-way

First port of call is the check the folio for the neighbouring property (or the servient land if you like).

Easten

https://www.boards.ie/discussion/comment/118238610#Comment_118238610

Yes it's marked on the neighboring folio but not on mine. I wonder do I need to get my folio updated as I fear I could loose the right of way as I now have another access point to the property

partyguinness

https://www.boards.ie/discussion/comment/118241602#Comment_118241602

If the ROW in favour of your land is noted on the neighbouring folio then that is sufficient. You don't need to do anything with your folio.

You might fall into the trap on not using the ROW and the owner applying to extinguish it due to abandonment but that takes a couple of decades. Use it every so often as it may be requried in the future- you never know.

You mentioned a different access point is this also over neighbouring land? Is so then it would be wise to have this formalised with the neighbour.

Luttrell1975

https://www.boards.ie/discussion/comment/118243496#Comment_118243496

How do you formalize something like that? Do you write it in correspondence and get them to reply. Do you sign a contract?

hkjohn

Anyone know how I can find if there is right of way (ROW) on my land? FWIW, there is no evidence of any ROW on my land registry documents

Reason why I ask is I need to erect a fence and the council are asking me re to submit a map showing any right of way which has been "open to the public in the last 10 years". As far as I can tell, there hasn't been any ROW during this period