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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Registration of a right of way in the Republic of Ireland. I

Resolved Question:

Registration of a right of way in the Republic of Ireland.
I live at the end of a private road which is the only access route to my house. There are eight people who have road frontage along this road. Is there a way of registering this "right of way of necessity" without each person registering individually?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. Who owns the land along which this alleged right of way runs? Is it one or several owners? How long has this right of way been used for? Who uses it? Do you personally own any of the land along which the right of way runs? To get to your house, over who else's land does your right of way travel? Who sold the land to the individual owners? Be aware that there is no such thing in law as a "right of way of necessity".
Customer: replied 1 year ago.
It is a road which has not been taken over by the CountyCouncil and which has been used by the resident families for over 100 years at least. In recent years some sites have been sold and built on along the road. Others have been bequeathed to children etc. There is no dispute among residents, but one resident who is selling his house has been told that each person using the road has to establish his/her own right of way, and register same. Is this correct?
Expert:  Buachaill replied 1 year ago.
2. You still haven't answered the Question as to who owns the land over which the right of way runs?
Customer: replied 1 year ago.
On maps it is shown that the landowner beside the road owns to the centre of the road. In other words, two landowners on opposite sides of the road, each own half the road.
Expert:  Buachaill replied 1 year ago.
3. The advice you have received presumes that what is in existence is a private right of way. It would be far better to seek to create a public right of way as then the Council would be much more willing to take the road in charge. Each owner can seek to create their own private right of way, but this is extremely messy. Instead, you should seek to create a public right of way. Here you should get the help of the Council as under their powers, they can designate a right of way a public right of way. However, here, the landowners must join together and seek to create a public right of way. Otherwise you are left to what was previously suggested where everyone seeks to register a private right of way for themselves which is then used in the future.
Expert:  Buachaill replied 1 year ago.
4. Be aware that under the Land & Conveyancing Law Reform Act, 2009, the creation of any further rights of way was abolished other than for those registered in the Land Registry as of a date three years after the implementation of the Act. This sections has been postponed from coming into force. However, it is still due to come into force in a few years. So, this gives a necessity to register this right of way in the Land Registry as it will otherwise be lost if registration does not happen. So, I would advise you to get the landowners together and get a move on with registration.
Expert:  Buachaill replied 1 year ago.
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