Rights of Way

Rights of Way

The Land and Conveyancing Law Reform Act 2009 (“The New Act”) is a large piece of legislation passed on the 1st December 2009 which amended many areas of law including the law relating to:-

• Rights of way;

• Right for water that passes through another person’s property;

• Right for waste that passes through another person’s property or to have a septic tank on another person’s property;

• Right to vision lines to comply with planning permission located on another person’s property;

• Right to take water from a well;

• Right to take turf or timber from another’s person ‘s property

• Any other rights that are for the use and enjoyment of your property that affect another person’s property;

 

The net effect of the New Act is that those Rights which have been enjoyed simply by long use will no longer be legally recognised. Now, in order to prove the existence of such Rights the options are as follows:-

1. An application can be made to the Property Registration Authority (‘PRA’) to register the Rights concerned, without a court order, in cases where there is no disagreement between the parties concerning entitlement to the right concerned. 

2. If there is a disagreement the person seeking the Rights can apply to the Circuit Court for an order granting the Right of Way and that Order must then be registered in the PRA.

The New Act (as amended) has given until December 2021 to have any such Rights registered and in the event that you have a Right that is not correctly registered before that date you may incur great difficulty with your legal entitlement and be in danger of losing a valuable asset.

 

This is general information and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate. For advice on any matters relating to Property or Conveyancing please contact:

Grattan Butler

Tel: +353(0)749731174 l Email: [email protected]

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