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Right of way , owners rights

  • 30-07-2019 12:45PM
    #1
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,787 ✭✭✭


    Completely hypothetical

    What right does the owner of land have to control a right of way across their land.

    Can the owner limit size, weight , speed time used etc in any way


Comments

  • #2
    GerardKeating
    Registered Users, Registered Users 2 Posts: 8,062 ✭✭✭GerardKeating


    the_pen_turner wrote: »
    Completely hypothetical

    What right does the owner of land have to control a right of way across their land.

    Can the owner limit size, weight, speed time used etc in any way

    Every right of way can be unique, not all have a defined written agreement.


  • #3
    freedominacup
    Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭freedominacup


    the_pen_turner wrote: »
    Completely hypothetical

    What right does the owner of land have to control a right of way across their land.

    Can the owner limit size, weight , speed time used etc in any way

    Is this hypothetical row public or an access type in favour of another property owner?


  • #4
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,787 ✭✭✭the_pen_turner


    freedominacup wrote: »
    Is this hypothetical row public or an access type in favour of another property owner?

    Purely hypothetical. No skin in this game. Just interested , there have been a few threads lately on right of ways and something a friend said got me thinking


  • #5
    freedominacup
    Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭freedominacup


    the_pen_turner wrote: »
    Purely hypothetical. No skin in this game. Just interested , there have been a few threads lately on right of ways and something a friend said got me thinking

    Should have typed r.o.w. not row. Is the r.o.w. access to another property or a public right of way?


  • #6
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,787 ✭✭✭the_pen_turner


    freedominacup wrote: »
    Should have typed r.o.w. not row. Is the r.o.w. access to another property or a public right of way?

    what is the diference in this context


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  • #7
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    the_pen_turner wrote: »
    Completely hypothetical

    What right does the owner of land have to control a right of way across their land.

    Can the owner limit size, weight , speed time used etc in any way
    Depends on the terms on which the right of way was created.

    But these are usually fairly broad. Some rights of way can only be exercised on foot; others can be exercised on foot or in a vehicle.

    Some are only exerciseable at specified times, e.g. during business hours. Others can be exercised at any time.

    It would be possible, but I think relatively unusual, for a right of way to be created on terms that include specific restrictions on vehicle weight, speed, etc.


  • #8
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,787 ✭✭✭the_pen_turner


    Peregrinus wrote: »
    Depends on the terms on which the right of way was created.

    But these are usually fairly broad. Some rights of way can only be exercised on foot; others can be exercised on foot or in a vehicle.

    Some are only exerciseable at specified times, e.g. during business hours. Others can be exercised at any time.

    It would be possible, but I think relatively unusual, for a right of way to be created on terms that include specific restrictions on vehicle weight, speed, etc.

    I was only thinking about weight and speed because of a thread here last week where a right of way went beside a house. I wouldn't like anyone flying past that close. And a lot of yarda aren't designed for large farm machinery that could damage the surface or underground waste pipes etc


  • #9
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    Well, these are the kind of things you need to think about before you grant your right of way. Or, if it has already been granted, before you lay down buried infrastructure, or put down a surface on it, or build a house right next to it.


  • #10
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,787 ✭✭✭the_pen_turner


    Peregrinus wrote: »
    Well, these are the kind of things you need to think about before you grant your right of way. Or, if it has already been granted, before you lay down buried infrastructure, or put down a surface on it, or build a house right next to it.

    these things dont always work out like that

    what happens if the right of way is used for years by an old farmer in his small MF135 but the son takes over the farm and gets a huge new tracter that is 10 times the size and weight.

    can the owner change the terms of the right of way as the situation changes


  • #11
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,350 ✭✭✭NUTLEY BOY


    the_pen_turner wrote: »
    these things dont always work out like that

    what happens if the right of way is used for years by an old farmer in his small MF135 but the son takes over the farm and gets a huge new tracter that is 10 times the size and weight.

    can the owner change the terms of the right of way as the situation changes

    Generally, I would expect that there is no unilateral right to vary the terms as a situation changes.
    However, much depends on the specific terms of the agreement.

    As far as the MF135 goes I would expect that there would be nothing that the servient property owner could do unless the terms of the agreement had a specific limitation on vehicle size or type which is probably unlikely.

    We have a written agreement with our neighbour over a shared driveway.
    She can drive a vehicle or ride a horse over our half but there is no limit on the size of the vehicle or definition of vehicle type.
    Therefore, absent any provision in the agreement, we cannot object to the size of anything she drives.

    Right of way agreements can be permanent arrangements.
    The entitlements and obligations can attach to the properties as distinct from the persons who made the agreements and may bind successors in title.
    Once you enter in to such an agreement the only practical way out is if both parties agree to extinguish the right.

    P.S. Are you concerned that the MF135 is going to cause unanticipated wear tear and damage to the right of way ?
    A right of way agreement might set out the issue of responsibility for maintenance of it but damage to it could be a different issue altogether.


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