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Right of way

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Comments

  • #62
    SteadyNed
    Registered Users, Registered Users 2 Posts: 44 ✭SteadyNed


    J.O. Farmer wrote: »
    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.

    Aye thanks - I'd heard of such issues alright, but I had a bit of inheritance a few years back, so luckily enough Mortgage approval won't be an issue.

    It's planning permission that I'm worried about more than anything.


  • #63
    Anto_Meath
    Registered Users, Registered Users 2 Posts: 1,708 ✭✭✭Anto_Meath


    While you may not need a mortgage to build the house if you go to sell it in the future any potential purchaser may not be able to get one so it would be limiting the number of people you would be able to sell it to.
    Regarding planning you will need a letter of consent for any land owner over who's land your development will be taking place. If you look at the land registry (https://www.landdirect.ie/index#) it will give you an idea what other land owner(s) actually own this right of way.


  • #64
    forgottenhills
    Registered Users, Registered Users 2 Posts: 441 ✭✭forgottenhills


    SteadyNed wrote: »
    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.

    I could be wrong but I understand that you can apply for planning permission on a site that doesn't (yet) belong to you. So why not apply for permission to build on the site before purchasing so that you remove that risk?

    However in all truth the situation you describe sounds a lot more trouble than its worth and you might be better off to look at other sites without the hassle.


  • #65
    SteadyNed
    Registered Users, Registered Users 2 Posts: 44 ✭SteadyNed


    Anto_Meath wrote: »
    While you may not need a mortgage to build the house if you go to sell it in the future any potential purchaser may not be able to get one so it would be limiting the number of people you would be able to sell it to.
    Regarding planning you will need a letter of consent for any land owner over who's land your development will be taking place. If you look at the land registry (https://www.landdirect.ie/index#) it will give you an idea what other land owner(s) actually own this right of way.

    As well as the landowner of the site, would I need a letter of consent from the 3rd party who owns the right-of-way land?


  • #66
    Anto_Meath
    Registered Users, Registered Users 2 Posts: 1,708 ✭✭✭Anto_Meath


    SteadyNed wrote: »
    As well as the landowner of the site, would I need a letter of consent from the 3rd party who owns the right-of-way land?

    Yes you would also need the consent of the owner of the right of way land. Now the council wouldn't reject the planning application without it and could possibly even grant permission (as they may notice it is a right of way issue), they would see any right of way issue as a legal issue and therefore not part of their remit. But if the land owner who owns the right of way land lodges an objection (which they are more likely to do if you haven't spoken to them before hand) then the council will be on to you for further information regarding land ownership and this could be a bigger issue.


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  • #67
    Tileman
    Registered Users, Registered Users 2 Posts: 1,474 ✭✭✭Tileman


    I built my house and required a right if way. I gave the right of way registered. Council just required clarity when they spotted it. Once it was provided there was no issue.

    Bank had nonissue once I had the right of way registered


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