How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
53108719
Type Your Republic of Ireland Law Question Here...
Buachaill is online now

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.
5. Please Rate the Answer as unless you Rate the Answer your Expert will receive no payment for answering your Question so there is no incentive to answer any further Questions.
Buachaill, Barrister
Satisfied Customers: 10458
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Buachaill

    Buachaill

    Barrister

    Satisfied Customers:

    2763
    Barrister 17 years experience
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    2763
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.co.uk/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.co.uk/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.co.uk/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.co.uk/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.
 
 
 

Related Republic of Ireland Law Questions