Right of way for walkway beside the house

Project2021 · 01-11-2021 05:13PM

:(€;6€))€

TheW1zard · 01-11-2021 07:03PM

The house in the middle of the terrace also seems to have access? Is there a gate there also?

Project2021 · 01-11-2021 07:33PM

hfgudku

listermint · 01-11-2021 07:44PM

You don't need a barristers. You need a land surveyor and a folio lookup. With all due respect the folio map can say what it likes but there should be accompanying text with it also. The fact a I presume concrete lane was build down the side of your fenced garden and around the back with a gate into your neighbors means they may obliterate you in court. And a very expensive battle for the two of you.

I'm fully presuming you were 100 percent aware of their access when you moved in but this only became an issue when they looked to resolve the situation amicably with a rights of way on paper. Unusually you never questioned this when you bought the house ??

wench · 01-11-2021 07:44PM

Going by your earlier map, this is part of the original layout of the estate. It isn't something your neighbour has done to try and take advantage of you.

As they are selling, and it looks like the intended right of way wasn't registered, they are just trying to formalise the existing situation.

mickdw · 01-11-2021 09:39PM

I do this kind of mapping for a living.

Seeing as the estate is set out this way, you would be a very awkward neighbour to try to attempt to stop use of the rear access. I also find it hard to believe that these access routes were not registered at least in some cases.

Anyway, I would give the right of way to the neighbour and if they are in the situation where they are selling' you will likely have them cover all the solicitor costs of sorting this. That's a win in my book.

I would however ensure that the gate to their property was relocated to the boundary line if not already at that location. That gate will then be neighbours to lock.

You have no business locking any gate to restrict access. You should have separate gate off access path into your garden which you can lock as you see fit.

silver2020 · 02-11-2021 09:27AM

https://www.boards.ie/discussion/comment/118103100#Comment_118103100

That's a plannign map to simply identify a property. It has no meaning in identifying physical boundaries. The land registry (and your solicitor) will have the physical boundaries that will be clearly marked.

Relying on a planning map for a boundary position is simply ridiculous and any 1st year legal student would tell you that. You should avoid any solicitor giving specific boundary advice based on a planning map as they lack very very basic knowledge of conveyancing

Project2021 · 02-11-2021 11:56AM

€(:€‘can chin

muffler · 02-11-2021 11:58AM

https://www.boards.ie/discussion/comment/118105647#Comment_118105647

Thats not a planning map.

Project2021 · 02-11-2021 12:09PM

!?,;:.?!’n

Seth Brundle · 02-11-2021 12:27PM

https://www.boards.ie/discussion/comment/118106432#Comment_118106432

Do you need access to that walkway? Are you actually entitled to access the walkway?

From a security perspective, it might make sense to close it off at the front (which would benefit your property).

Project2021 · 02-11-2021 12:32PM

);::)’mbvbmm

Project2021 · 02-11-2021 12:45PM

&€(7€,:(€&!&

HeidiHeidi · 02-11-2021 12:55PM

https://www.boards.ie/discussion/comment/118106579#Comment_118106579

You're assuming the walkway belongs to you.

You don't actually know that for a fact, though, going by what you've posted in this thread so far.

I'd start by establishing exactly where your property boundaries are, and take it from there, before starting a dispute with neighbours that could last a lifetime!

Project2021 · 02-11-2021 01:03PM

€:):)€:

Seth Brundle · 02-11-2021 01:04PM

With no offence intended, I'm of the view that it is you appearing to be the arrogant one in trying to close off an entrance that you know has been used by a neighbour. I'd also be very surprised if the land was sold on the basis that the person adjacent to the lane holds full possession of the lane despite it obviously intended for the use by the middle house (and them only I'd wager). Did your solicitor actually look at the original deeds?

Your solicitor also recommended seeking the advice of a barrister which would suggest that the solicitor is unsure of your legal title to the property. You however, appear to be ignoring this professional advice and claiming to be the owner.

The map you posted earlier - where did that map come from originally? Maybe show us your property as it is on https://www.landdirect.ie/pramap/

TheW1zard · 02-11-2021 01:32PM

Agreed landdirect would be a more accurate boundary.

Look at the layout of the estate, its obvious its there to provide access

muffler · 02-11-2021 01:36PM

https://www.boards.ie/discussion/comment/118106635#Comment_118106635

Whats with all the editing and deleting the content of your posts? Thats 4 posts now that you have edited.

TheW1zard · 02-11-2021 01:42PM

He realised his neighbours will see this

LLewellen Farquarson · 02-11-2021 02:31PM

Did you notice on the OPs original map that where there are 4 houses together, that both end houses have access paths for the inner houses.

Seems obvious to me that they are originally planned for access for the inner houses.

And as someone said I'd be very surprised if rights of way weren't originally recorded.

02-11-2021 03:36PM

I see the OP has realised the error of their ways and has decided to throw all his toys out of the pram.

mickdw · 04-11-2021 11:32AM

https://www.boards.ie/discussion/comment/118105647#Comment_118105647

A 1st year legal student would know that the map attached is from Land Registry.

BronsonTB · 04-11-2021 02:36PM

What's with all the editing OP??

Mellor · 05-11-2021 12:26AM

https://www.boards.ie/discussion/comment/118101492#Comment_118101492

No it doesn't.

There is a lane around OPs garden that's not on the other side. To access that side passage they'd have to cross the back garden.

Mellor · 05-11-2021 07:37AM

https://www.boards.ie/discussion/comment/118101523#Comment_118101523

This is probably incorrect. The redline shows the extent of the boundary because it is their land. Had it been to the garden only, they creates a no-mans land. Which would become council land to be responsible for. Which presumably they don't want. The intention is clearly to create a right of way.