Old boreen, right of way?

2 Wheels Good · 18-09-2023 3:55pm #1

There's an old boreen along a river near where i live. It passes a cottage and goes on about another 200m before it's blocked. It used lead down to a little beach.

As it's a boreen would it still be a right of way or are they treated the same as private property ie would the cottage owner have ownership of it?

Or where could I find out, it's not marked in yellow on the land registry but i know that's not a guarantee. County council office? Thanks for any advice.

Peregrinus · 19-09-2023 2:03am

Before it was blocked, who used to use it? And, before it was blocked, was it gated?

2 Wheels Good · 19-09-2023 9:21am

https://www.boards.ie/discussion/comment/121128357#Comment_121128357

Just locals using it to get to the sea. It's never been gated, and still isn't until near the end (but that's another issue)

Squatman · 21-09-2023 12:54pm

check land direct or similar. SHoudl be possibel to identify right of way

2 Wheels Good · 22-09-2023 12:40am

https://www.boards.ie/discussion/comment/121137951#Comment_121137951

It's not a right of way on landdirect, but i know that doesn't mean it's not

ittakestwo · 22-09-2023 12:37pm

In theory if it goes from a public place to another public place and has been used since living memory it could be a public right of way. A public ROW runs over private property. A big catch for proving a public right of way is showing dedication by the landowner. This in most cases will be a previous owner and not the current owner of the land. However i believe if it has been used since living memory a presumtion if dedication may be presumed.

It is up to the county coucil of the area to assert if there is a public ROW. If enough locals say they have used it all thier lives till recently then the CC might asert it. Most councils will have a list of public rights of way in its council. However just because there is no record of one does not mean a public ROW does not exist.

County councils might be slow to assert a public right of way after the disaster in sligo Lissadell estate dispute. Sligo council lost €7m in legal costs asserting a ROW that was not proven in court.

Old boreen, right of way?

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