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Problem regarding right of way

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  • 11-07-2020 2:02am
    #1
    teddybones
    Registered Users Posts: 169 ✭✭


    I am selling my mam's house but the sale has fallen through because of a right of way issue. The buyers bank won't approve their loan because there is no right of way attached to the deeds. The lane on which the property is situated used to be a public road in the 18th, 19th and very early 20th century. As a public road none of the houses on the lane ever needed a right of way or this is my understanding. Anyway as the years went on the council stopped maintaining the laneway. My parents, who both died within the last two years, told me when I was younger that the council used to maintain the laneway but stopped doing it during the 70s. Houses have been sold on the lane before and no one has ever had an issue with the right of way. Indeed one was sold last year and the owner just signed a declaration saying they had always enjoyed uninterrupted access as do all the people who live on the lane. So I never thought this would be an issue. Anyway during this whole process my solicitor asked me to find out who owns the lane. Nobody knows. There are farms either side and neither of them know who owns it even though they have been farming the land for nigh on the last century. There is no record of it in the land registery. None of the neighbours or locals know. They all maintain nobody owns it because it was a public road. My solicitor contacted the council. They say they aren't in charge of maintaining it. They never said they didn't ever maintain it so my solicitor was chasing that up but we have heard nothing. It's all a big mess and I am pulling my hair out because there is an equity release loan on the house which was due last February and they have extended it till August which was when we were due to close but the buyers bank pulled the plug. We now have to apply to register a right of way with the land registery which may take up to a year. Does anyone know how I can find out who owns the land or how to prove its a public road (or at least was) and is the council's remit. I fear the council won't admit to ever having maintained it because they will then have an obligation to start maintaining it now if they do. This has actually been a complete nightmare. As I inherited the house I now have a massive equity release loan hanging over me. And I don't know where to turn or what to do.


Comments

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    #2
    JustAThought
    Registered Users Posts: 5,323 ✭✭✭JustAThought


    Your solicitor passed the buck rught back to you - tell them to use their legal resources and mindpower to find a solution and stop passing the problem back to you. This is what you are paying them for. Solicitors are always at this and it really pisses me off.

    Very sorry for your problem and to hear of you losing both parents so recently - it must be extremely difficult.


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    #3
    JustAThought
    Registered Users Posts: 5,323 ✭✭✭JustAThought


    P.S.

    The councils answer was very oblique. I am not responsible for maintaining it is not the same as I don’t own it.


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    #4
    teddybones
    Registered Users Posts: 169 ✭✭teddybones


    JustAThought wrote: »
    P.S.

    The councils answer was very oblique. I am not responsible for maintaining it is not the same as I don’t own it.

    Yep I thought so too. So I asked my solicitor to dig but there has been passing the buck in the council to give my solicitor credit she has been emailing back and forth. I really have done all I can for now.

    Thanks for that. It's been a trial alright. Losing my folks was horrific, and now losing the house is killing me too and was hoping to have a few bob left after the sale but in the meantime interest is accruing on loan and the stress is unreal.


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    #5
    salonfire
    Registered Users Posts: 3,078 ✭✭✭salonfire


    I think there is some new law that is recently in affect where all right of ways have to be regularized with the Land Register.

    Maybe that's why it has become an issue now.

    You need to get your solicitor to sort it and it will involve others who own the farms either side agreement to have it transferred to the Register.


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    #6
    Youredeadright
    Registered Users Posts: 42 ✭Youredeadright


    Why not apply to the Land Registry to register a private right of way? They will contact the land owner to see if they want to make a submission on allowing the registration of the private ROW as an easement on their land. There will be a time limit for the submission so it might go through without comment from the land owner.


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