Right of way

I says · 06-07-2019 02:38PM

I’m in the middle of litigation with the idiot who thinks they own the piece of right of way they use belonging to me. The Gaza Strip as we call it now.Tis only a bit of ground I don’t lose any sleep over it.
Approach your neighbour selling and try to work something out with them saves a lot of hassle.
Is the right of way registered because if it’s not the user has t a leg to stand on if you object the sale could fall through because it will have to go to court to get registered.

cute geoge · 06-07-2019 02:59PM

What is the story with unregistered right of way ,i have a unregistered right of way (lane)going trough one of my fields used by a neighbour farmer .Should there be a gate at end of lane going on to public road .I also use this lane to move cattle and if cattle are in field keep the gate closed .

ganmo · 11-07-2019 04:47PM

kingdom fan wrote: »

I agree. However I'd like all my cattle to be standing in the morning and preferably on the field I left them .......
I already had one fire ......

Prum

Markcheese · 11-07-2019 05:25PM

Check out about the farm Gates, they're a necessity on a farm yard, and as long as you allow use of the gates, then you're not impeding access... Plus the gates would prexist any change of use..
Is the local authority likely to give planning in a field in your area, if theirs no house there already it'd be unlikely, unless you're technically in a village or something....

lab man · 11-07-2019 06:24PM

Nekarsulm wrote:

Not a lawyer, but the right of way exists for the person buying the field. Getting planning would be another matter, and you could "put a spoke in their wheel" if they ever applied. Could be a nightmare, you could be compelled to keep your yard spotless to avoid their car getting dirty, and you could never close the yard gates again.

u actually could put up 10 gates and have 10 padlocks given to to them and they would have to open and close the gates and unlock and rock each time going in and out ... happened here...

visatorro · 11-07-2019 08:32PM

Neighbour has right of way through my field to his land. Right of way is along a hedge. This hedge is over grown and neighbour can't drive tractor down right of way anymore. He has started driving off the lane into my field and down to his gate. Who's responsible for cutting the hedge?

And can he travel across the field when lane is already there for him?

Say my name · 11-07-2019 08:42PM

visatorro wrote: »

Neighbour has right of way through my field to his land. Right of way is along a hedge. This hedge is over grown and neighbour can't drive tractor down right of way anymore. He has started driving off the lane into my field and down to his gate. Who's responsible for cutting the hedge?

And can he travel across the field when lane is already there for him?

It's your field and lane and hedge, so technically you are.

But if it was me using the right of way I'd nearly cut it myself but then I'd be leaving myself open to some dispute with the landowner if they didn't like the way it was being cut.

the_pen_turner · 11-07-2019 08:49PM

surely allowing the wedge to grow is the same as blocking it.

visatorro · 11-07-2019 08:59PM

the_pen_turner wrote: »

surely allowing the wedge to grow is the same as blocking it.

I'm not blocking it on purpose. The hedge is!
Imo if he wants to use it he should maintain it but I'm probably wrong. It's a complicated outdated way of going on. I probably think like that because I don't benefit from it!

the_pen_turner · 11-07-2019 09:05PM

visatorro wrote: »

I'm not blocking it on purpose. The hedge is!
Imo if he wants to use it he should maintain it but I'm probably wrong. It's a complicated outdated way of going on. I probably think like that because I don't benefit from it!

not sure either. but i would say blocking it through neglect

148multi · 11-07-2019 09:12PM

the_pen_turner wrote: »

surely allowing the wedge to grow is the same as blocking it.

Would agree, hedge is interfering with pass, is there any mention of who maintains the pass on your or your neighbours folios, ( can be checked on landdirect. ie) at the same time don't think your neighbour can diverge from the pass, would a flail hedge cutter solve the problem inside an hour. (in the season)

visatorro · 11-07-2019 09:28PM

148multi wrote: »

Would agree, hedge is interfering with pass, is there any mention of who maintains the pass on your or your neighbours folios, ( can be checked on landdirect. ie) at the same time don't think your neighbour can diverge from the pass, would a flail hedge cutter solve the problem inside an hour. (in the season)

I don't know about mentions of who takes care of it. I know he won't cut it, but it doesn't benefit me to cut it. Like that I'm not going to fall out over it either.

Lime Tree Farm · 11-07-2019 09:56PM

visatorro wrote: »

I'm not blocking it on purpose. The hedge is!
Imo if he wants to use it he should maintain it but I'm probably wrong. It's a complicated outdated way of going on. I probably think like that because I don't benefit from it!

You are perfectly right. We have a right of way through two adjoining neighbouring farmers’ land, clearly marked yellow on the landdirect.ie map and on their folios.

It is incumbent on us to maintain the hedge and not stray off the designated right of way. Permission to cut back mature tree limbs has been sought and granted on two occasions. The alternative would be at least mile or more roundabout trip drawing home hay or silage on a narrow public road.

visatorro · 11-07-2019 10:07PM

Lime Tree Farm wrote: »

You are perfectly right. We have a right of way through two adjoining neighbouring farmers’ land, clearly marked yellow on the landdirect.ie map and on their folios.

It is incumbent on us to maintain the hedge and not stray off the designated right of way. Permission to cut back mature tree limbs has been sought and granted on two occasions. The alternative would be at least mile or more roundabout trip drawing home hay or silage on a narrow public road.

Great to see two different answers! I'd imagine if it went to court the two solicitors would have different opinions as well. Judge would toss a coin then! I remember previous generation cutting the hedge before though because there was a fence there which was falling down. Neighbour said it wasn't his fence. So
They flailed hedge and made stock proof. Hedge is still stock proof just over grown.

kingdom fan · 11-07-2019 11:33PM

In my opinion these rights of way are a complete disaster. Mine was acquired through good will of my grandfathers generation. But a screwed up point of law now allows current generation take d piss and ride rough shod over me and future generations. I'd have no hassle letting someone use the road, if it was reasonable, give and take. But in my situation it's the road to my house and farm, and I have the road blocked routinely, in my view just to miss me off. ( car/ van parked in d middle of a road that's wide enough for 2 cars, so I can't pass, this happens about once a month) don't get me started on burning rubbish. I have stuff dumped. A stock proof fence damaged with hedge cuttings ( sounds unbelievable, I know) and I found potato stalks dumped in a silage field. Ffs.
I was confronted once about a pothole on d road, from a shower of pricks that are " entitled " to use the road.
And I have All the photos and logs with solicitors but I'm on d back foot and can do nothing about it.
Apologies. Rang over .

Lime Tree Farm · 12-07-2019 08:19AM

" Thus even if the right of way entitles your new neighbour to use heavy machinery, he is not entitled to use it in such manner as to damage the way and making it full of ruts, potholes and impassable. You are not obliged to maintain it unless this term was included in the grant. On the other hand, your neighbour has the right to repair and maintain the right of way. "

extracted from :https://www.agriland.ie/farming-news/potholes-neighbours-and-the-law/

patsy_mccabe · 12-07-2019 08:30AM

I pulled back from buying some commercial property because the only access was via right of way. I know from talking to a solicitor at the time that Right Of Ways (ROW) only exist to the parcel of land in question. They don't extend to adjoining land. I think they are a disaster but a necessary evil all the same.

All ROWs have to be registered. The deadline is the 30th November 2021.
http://www.cahirsolicitors.com/rights-of-way-over-farms-and-adjoining-lands

There have been 5 standoffs here locally over ROWs. Some are not registered but may be just paths that families have used as shortcuts to land etc for generations. We have a Mass Path going through our land and it is not registered even though everyone locally knows about it. I was surprised to see that the other half of it was registered on the Land Registry. These are marked by yellow lines, by the way.

Anto_Meath · 12-07-2019 10:49AM

Rights of Way are as said above a necessary evil and continue to be created by the splitting up of lands. The person who enjoys the right of way nearly has more enjoyment of the property than the person who has the freehold title. Regarding planning permission this would be a separate issue. If someone was applying for planning permission on a site that was access by a right of way then they would need a letter of consent from the owner of the right of way before they could make a valid planning application, additionally a bank would be slower to approve a mortgage on a property that is accessed by a right of way.
Regarding the hedges it would be the land owners responsible to cut and maintain the hedging as the hedge would belong to the land owner and any timber retrieved from it would belong to the landowner, in fact the user of the right of way would need the permission of the landowner before cutting the hedge and would have to offer any timber obtained to the landowner.

kingdom fan · 12-07-2019 11:51AM

If the ROW is damaged, one may be in a court situation to resolve it. As was already mentioned here people can be finicaially broke chasing ROW issues in court. In my case I fix the road, even if people are parking lorries etc on it.

ganmo · 12-07-2019 07:34PM

kingdom fan wrote: »

If the ROW is damaged, one may be in a court situation to resolve it. As was already mentioned here people can be finicaially broke chasing ROW issues in court. In my case I fix the road, even if people are parking lorries etc on it.

Row are not for parking on, parking should be done on the ground the row is for.

kingdom fan · 12-07-2019 10:16PM

ganmo wrote: »

Row are not for parking on, parking should be done on the ground the row is for.

Ok, that's grand. I agree, and I told em to politely get out.
And I got a solicitors letter, nothing came of, but now there is a record of them seeking law for me interfering with them !!! ( lads I'm not making this up) half d contents of d solicitors letter was total BS, so much so that the solicitor has refused to deal with them any more. ( i obviously retorted with photos etc )
I'm not being cheeky but imagine dealing with a b0ll1x, who simply doesn't give a sh17
So do you think the guards are interested In a ROW infringement
D solicitors are only too happy to take my money , so off to court. Rake of money potentially gone at that stage.
D court may rule in my favour or may not. But if they do, how do I enforce it.? ( if Court says fix the road or no more blocking d road)? Let me guess more court... ?
Meanwhile half the neighbourhood are against me , cause that's d way people are, cause some say d auldfolks let them in there and on and on.... And more think I'm some wealthy land lord that only deserves to be screwed ... ( on 80 acres that I bought )
I'm boughing out of this tread now, I'm only getting blood pressure.

To the op, fix this issue now if you have any chance of doing so, if my experience is anything to g o by.

ganmo · 12-07-2019 11:57PM

If your path is blocked you are within your rights to move the blockage.
If you see them parking up ask them where the tow points are on the car, have a tow chain to hand and walk away but keep the chain nearby for the next time.

lab man · 13-07-2019 12:06AM

ganmo wrote:

If your path is blocked you are within your rights to move the blockage. If you see them parking up ask them where the tow points are on the car, have a tow chain to hand and walk away but keep the chain nearby for the next time.

let the air out of the tyres once and that would sort it all u have to have is 4 matches to stick in the valves

Markcheese · 13-07-2019 06:57AM

lab man wrote: »

let the air out of the tyres once and that would sort it all u have to have is 4 matches to stick in the valves

Yeah, if you're seen doing that, or if they have a dash cam, then you're in the ****e,
Or even if there's 2 of them who claim they saw you,

148multi · 13-07-2019 10:11AM

kingdom fan wrote: »

Ok, that's grand. I agree, and I told em to politely get out.
And I got a solicitors letter, nothing came of, but now there is a record of them seeking law for me interfering with them !!! ( lads I'm not making this up) half d contents of d solicitors letter was total BS, so much so that the solicitor has refused to deal with them any more. ( i obviously retorted with photos etc )
I'm not being cheeky but imagine dealing with a b0ll1x, who simply doesn't give a sh17
So do you think the guards are interested In a ROW infringement
D solicitors are only too happy to take my money , so off to court. Rake of money potentially gone at that stage.
D court may rule in my favour or may not. But if they do, how do I enforce it.? ( if Court says fix the road or no more blocking d road)? Let me guess more court... ?
Meanwhile half the neighbourhood are against me , cause that's d way people are, cause some say d auldfolks let them in there and on and on.... And more think I'm some wealthy land lord that only deserves to be screwed ... ( on 80 acres that I bought )
I'm boughing out of this tread now, I'm only getting blood pressure.

To the op, fix this issue now if you have any chance of doing so, if my experience is anything to g o by.

My father always said if you are dealing with a boll1x, in ten years time he's still going to be a boll1x, and die a boll1x, my deepest sympathy you're dealing with an incurable disease..

leeside11 · 13-07-2019 11:19AM

Anto_Meath wrote: »

Rights of Way are as said above a necessary evil and continue to be created by the splitting up of lands. The person who enjoys the right of way nearly has more enjoyment of the property than the person who has the freehold title. Regarding planning permission this would be a separate issue. If someone was applying for planning permission on a site that was access by a right of way then they would need a letter of consent from the owner of the right of way before they could make a valid planning application, additionally a bank would be slower to approve a mortgage on a property that is accessed by a right of way.
Regarding the hedges it would be the land owners responsible to cut and maintain the hedging as the hedge would belong to the land owner and any timber retrieved from it would belong to the landowner, in fact the user of the right of way would need the permission of the landowner before cutting the hedge and would have to offer any timber obtained to the landowner.

Finding this ROW thread very interesting. We sold farmland a couple of years ago that was landlocked by a ROW.
My Great Grand Parents, Grand Parents and my dad were born and reared there. (House on Property there as well).
When it came up for sale, there were 5 permissions to get sale through but the last guy refused.
It was never registered and it add alot of stress and expense to the situation.
We were always accessing the property before that so we had proof that we were using the ROW and this guys claim was refused so land was finally sold (3 years of this).
Advice to anyone with ROWs on their property, get them sorted asap.

SteadyNed · 12-06-2020 08:11AM

Bringing back an old thread, but similar situation to the OP, but I'm in the situation where I'm thinking of buying a site where access is though a right of way, which has always been used for agricultural use. The right of way has always 'been there' but doesn't seem to be registered on landdirect.ie

My worry is that if I apply for planning permission on the land, could it be refused on the basis that the right of way was historically for agricultural use only? It's uncertain whether the landowner sharing the ROW would object.

148multi · 12-06-2020 08:50AM

SteadyNed wrote: »

Bringing back an old thread, but similar situation to the OP, but I'm in the situation where I'm thinking of buying a site where access is though a right of way, which has always been used for agricultural use. The right of way has always 'been there' but doesn't seem to be registered on landdirect.ie

My worry is that if I apply for planning permission on the land, could it be refused on the basis that the right of way was historically for agricultural use only? It's uncertain whether the landowner sharing the ROW would object.

What is the history of the two properties

SteadyNed · 12-06-2020 09:29AM

148multi wrote: »

What is the history of the two properties

The site itself is agricultural and always has been.

The right of way is a shared rough access lane which passes adjacent to a derelict farmyard and abandoned house, then passing more agricultural land (all owned by a 3rd party) before reaching the site in question.

J.O. Farmer · 12-06-2020 10:33AM

SteadyNed wrote: »

Bringing back an old thread, but similar situation to the OP, but I'm in the situation where I'm thinking of buying a site where access is though a right of way, which has always been used for agricultural use. The right of way has always 'been there' but doesn't seem to be registered on landdirect.ie

My worry is that if I apply for planning permission on the land, could it be refused on the basis that the right of way was historically for agricultural use only? It's uncertain whether the landowner sharing the ROW would object.

The other thing you may need to consider is if you need a mortgage to build. You may have difficulty getting approval if access is via an unregistered right of way. The way things are the banks may even have difficulty with a registered right of way.

Right of way

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