Right of Access v Right of Way in Ireland

MinkeyMonkey

Hey all,

Would anyone know what the difference is between a Right of Access and a Right of Way in Ireland. We have a neighbour who has been using our farm road to access his land for a number of years now. His field is large but does have another gate on the far side of it. As far as I can see he doesn't have a ROW based on necessity given the other gate. Recently, this neighbour took something belonging to us claiming it was his. Now we'd rather he wasn't on our land anymore using our farm road. The farm is my father's, not my own. Dad contacted his solicitor to see if they neighbour has a ROW. Solicitor said no, but he may have a Right of Access. Dad didn't ask any more on the phone unfortunately. Can anyone tell me what the difference is in Ireland? Would it mean that he has the right to access his field in order to move animals or spread slurry etc, despite having access on the other side of the field. It's definitely more CONVENIENT for him to use our road but can't see why he NEEDS to.

jjnos11

apologies for not having an answer however you could contact FLAC they are qualified solicitors who offer free legal advice.

Best of luck

Esel

https://www.boards.ie/discussion/2058398273/right-of-access-v-right-of-way-in-ireland

Ask in this forum:

https://www.boards.ie/categories/legal-discussion

StoutPost

I'm only guessing here so seek proper advice. But, if a person has been using your land to access theirs over a period of time they may be able to claim a ROW if push comes to shove. However, he has other access, I'm no expert, and he may not be able to prove he's doing it for as long as necessary.