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Telecoms Mast & Rights of Way and Property Registration Authority

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  • 09-04-2021 9:02pm
    #1
    Crystalsun
    Registered Users Posts: 29 ✭


    Hi all,

    My neighbour recently sold a small section of his agricultural land to a telecommunication company. This company have now submitted a planning application for a tower and multiple transmitters not far from my farmyard.

    Unbeknownst to the company they have mistakenly bought an " island " of land that used to be accessible from my neighbours land but this is no longer the case. They biought a "pig in a poke" basically and my neighbour is laughing all the way to the bank. The closest way to this "island of land" from the main road is now through my field. I dont want to give access or provide a right a way through my field because I dont want anything to do with the enterprise and I have refused to meet or talk to the company as it is a problem of their own and my neighbours making and absolutely nothing to do with me.

    However, I inspected the planning application documents for the telecom mast online this evening in the further information section and I spotted that the folio for my land on the Property registration authority website has been amended with a note stating " joe soap telecoms ltd have a right of way over your " as of Jan 29th 2021.


    How can this happen ? I didnt agree to give them a right of way ? Surely people can't just go to the property registration authority and get a right way over someone elses land without permission. Surely the property registration authority should have consulted me before amending my folio details?


    Opinions would be much appreciated


Comments

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    #2
    ohnonotgmail
    Registered Users Posts: 40,187 ✭✭✭✭ohnonotgmail


    get a solicitor. seriously.


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    #3
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Crystalsun wrote: »
    Hi all,


    However, I inspected the planning application documents for the telecom mast online this evening in the further information section and I spotted that the folio for my land on the Property registration authority website has been amended with a note stating " joe soap telecoms ltd have a right of way over your " as of Jan 29th 2021.


    How can this happen ? I didnt agree to give them a right of way ? Surely people can't just go to the property registration authority and get a right way over someone elses land without permission. Surely the property registration authority should have consulted me before amending my folio details?


    Opinions would be much appreciated

    There should only be an amendment to a Folio with the consent of the registered owner. Did you neighbour have a right of way over your land which transferred with the land?


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    #4
    Crystalsun
    Registered Users Posts: 29 ✭Crystalsun


    Thanks for that Claw Hammer. No he didn't have a right of way. He didnt need it at that stage because he could access this particular plot from his own farm and from another rural back road. The company who bought it probably assumed that the plot was accessible from the nearby road from which it is separated from by a narrow overgrown area which is owned by us. This area is shown on maps incluidng the property registration but you would have to look carefully and closely to see it. However ,the prai web map is very clear showing the sliver of land between road and the said plot. The land is pretty rough and barely agricultural and its also hard to see the plot boundaries with the naked eye.

    I only spotted the change to my folio last night. So it will be Monday before I get a solicitor.


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