Rights of Way in Irish Law-What You Should Know

[@Carhuclough]

This is very clear and helpful. Thank you.

[@terrygorry]

Thanks.

[@mariekellHigg]

The full back yard of a Terrace house I am in the process of purchasing has a private Right of Way (to trustees of a local GAA pitch opposite). If this a Right of Way has never been used can I apply to have it withdrawn as it is a burden on the Title, which may cause problems re-selling,

[@terrygorry]

Ask your solicitor. He/she is familiar with the title and is being paid.

[@el318]

Very helpful! Thank u

[@emmett6845]

How do you prove “use?” What’s the general requirements or admissible forms of “use”.

[@terrygorry]

Generally, it would by done by a person swearing a statutory declaration that they have used it for a certain period of time

[@MrMilsean]

Had sole use of a boreen driveway direct to house for 60 years, upgraded by the county council (realigned dropped kerb and tire tracks installed 2011) but city council and county council merged in 2014 and the land was cpo'd from the Council, to the Council, apparently squashing any RoW, despite no direct consultation (1 ad in the newspaper) and no compensation. Very frustrating, expensive and time consuming to try resolve against an unreasonable Council

[@terrygorry]

If you have a right of way and have exercised it for 60 years why would it make any difference who owned the land over which the right of way passed? Go to a local solicitor and he might be able to apply to have your right of way registered at PRA.

[@MrMilsean]

@@terrygorry was informed by the Waterford City and County Council, when they compulsory purchased the land from themselves, they inadvertently removed any rights of way which may have existed in the process.

[@michaelodwyer5305]

What site on the internet can you go on to check if your right of way is registered.

[@terrygorry]

Property Registration Authority website

[@michaelodwyer5305]

@@terrygorry I have found it very complicated this right of way situation. The house I have in Ireland is over a hundred years now in the family this year. I was hoping to start on the inside of the house as the outside is now done. New roof and rendering and so on. But lots of work indoors. I just retired and was and still am hoping to start doing up the inside this year. Lock down at the moment is getting in the way. But at some stage I hope to spend the rest of my life in the property as it has a bit of land and I am into gardening. Not a bad way to see out your days. If you like that sort of thing. Its an old granite two bedroom house but will suit me down to the ground. I did live in it for over ten years when I lived at my grandmothers over thirty years back. It is just a pity bad neighbours have moved in next door. But you cannot have everything I suppose. They even tried to get my house but I soon put a stop to that.

[@jamiehinch9239]

What happens if you don't register before 2021.

[@terrygorry]

You could lose the right of way, or lost the right to register it. This would make it hard to sell and could lead to other problems.

[@jamiehinch9239]

We sold landlocked land recently with 5 landowners along the ROW. No objections from 4 but 1 objected but it didn't get as far as court as it was proved we were using the ROW constantly so his claim was denied. Sold soon after. Thanks for this video, ROW's can cause untold problems and stress if your not prepared.

[@terrygorry]

@@jamiehinch9239 Yes, you are better off registering them; if not selling can be a problem, especially if there is a bank supplying the purchase funds