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Right of Way query

  • 11-03-2022 5:06pm
    Registered Users Posts: 288 ✭✭ JohnChadwick

    Fella putting Land up for sale beside me.

    On his deed for this folio there's a notice saying I have right of way through it.

    When he sells is there any chance that this notice can be disappeared from the deeds in the transfer over to the new owner?


  • Registered Users Posts: 3,925 ✭✭✭ herdquitter

    Have you checked your own folio? Is the ROW marked on ? A grant of right of way document should be attached to your folio not his. I would consult with solicitor sooner rather than later. I had a problem with this scenario before. Take the next bit with salt, I really doubt it'll extinguish a ROW, but it certainly would be up to him or the new owners good will to let you see evidence of the ROW document in the future - which is why this document needs to be attached to your own folio.

  • Registered Users Posts: 853 ✭✭✭ minerleague

    you could contact auctioneer to tell them to point out ROW to any potential buyers. ( Think they may be legally obliged to do so if they know) You could buy yourself - problem solved!

  • Registered Users Posts: 38 mrsgiller

    A right of way will be registered as a burden on his folio to benefit you

  • Registered Users Posts: 16,720 ✭✭✭✭ Donald Trump

    If it is registered then he should be alright. It couldn't just magically be lost during the transfer.

    But they can also be extinguished even if registered if never used. Technically I mean.

    These things were supposed to have been fixed and made more official by first of December last year but then they brought in legislation to go back to the old ways.

  • Registered Users Posts: 1,951 ✭✭✭ Who2

    Say in the situation above and a right of way is allowed. Is this right of way always defined or can the user of the right of way just drive into said field and plough through what ever way the feel fit. I presume planning would be out of the way in that same situation down the line if it wasn’t clearly defined. It was something that was put to me a while back and I couldn’t answer it.

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  • Registered Users Posts: 3,925 ✭✭✭ herdquitter

    It should be marked on a map.

    Please be aware there are different types of rights of way. If you're in an area like me, an agricultural ROW might mean it's reasonable to walk sheep or cattle or drive a quad or tractor for agricultural purposes. In Kildare for example, it might be reasonable to drive a combine across it.

    Concerning planning, you would want to be aware of what type of ROW you have, an agricultural ROW doesn't mean you can build a house at the end of it.

  • Registered Users Posts: 2,700 ✭✭✭ 9935452

    Depends on the auctioneers scruples.

    I was looking at a few acres a few years ago that had a ROW across it.

    It was neighbouring ground so i knew about it. Talking with the auctioneer about the land , i said it to him 10 minutes into the conversation. Ahhh shur that is never used was the answer.

  • Registered Users Posts: 15,914 ✭✭✭✭ Bass Reeves

    It's virtually impossible to extinguish a ROW. I think it has to remain unused for twelve years. This can be hard to prove.

    Slava Ukrainii

  • Registered Users Posts: 288 ✭✭ JohnChadwick

    Dunno, the sale seems off to me, which I why I'm concerned about the ROW disappearing - though it is on the deeds.

    However yerman selling it isn't on the deeds ( as the owner. Doesn't say it was ever transferred to him. Yet he's selling it through the auctioneers.

    Contacted auctioneers asking for the name of the solicitor acting on behalf of yerman selling it.

    I instructed my solicitor to then ring this solicitor, who said that they knew nothing of the sale.

    Post edited by JohnChadwick on

  • Registered Users Posts: 3,925 ✭✭✭ herdquitter

    I'd still be looking to get the grant of right of way document attached to my own folio here.

    That aside, do you use the ROW? If you do, and can get affidavits from neighbours swearing such, as well as other documentation proving you use the land (I'm assuming the ROW is your only access) I can't see how current or new owners could lock you out. But, that entails a journey towards a court hearing, though it likely wouldn't reach the inside of the court.

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