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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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On a land and right of way issue, in the Irish circuit court,

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On a land and right of way issue, in the Irish circuit court, agreement was reached before the hearing and handed into the court, but next day a few items that were agreed were found to be wrong and need to be deleted, what and how can be done to fix this and how long do I have to get it fixed. The wrong items relate to parking on my land and the right of way over a new road that goes to my house and has never been used or need to be used by the person who took the case. All of the major items dealt with are ok.

Buachaill :

1. There are two methods whereby you can alter the terms of the order to allow for the mistakes made in it. The first is for both sides to the dispute to agree to a variation of the order and to simply go into court and consensually agree the terms upon which the order will be varied. This can then be handed into court to replace the original order made. The second method, which is usually used where one party is not agreeing to the variation but which can be used if both parties agree is to "speak to the order" and explain the mistakes in the terms of the order and how they ought to be varied. Both parties can appear and make their case on the speaking to the order. The judge then decides what is the proper order to be made to replace the previously consensual order. Accordingly, if you are one of the parties, the first step is to get your solicitor to write to the other party and seek to vary the terms of the order. If there is agreement to this course, then the solicitor and barrister get the case into court at the earliest opportunity to vary the order. If there is no agreement, then the matter has to be set down for speaking to the order and the judge rule on the matter. In either instance, this should all happen with a period of one month. However, you need to get your solicitor to act on the matter and send the necessary letter to get the other side to agree.

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