# Right of way over land



## CharlieR (8 Aug 2011)

My Parents have a house and that does not show a right of way on the deeds over their land to another family member for them to to access their land. 

They are claiming they have a right of way as they have used it for a number of years and we are not disputing that, but we have a road made below the house for them to access their land. We told them a number of years ago, 2004/2005 that as we had young children we did not want them driving infront of the house with a tractor and trailer to collect the turf and to use the alternative road we had made below.

They have however decided that they want to use their own route to their land and have demolished a wall and raised car park area we have built without even discussing the right of way and then sent a solicitors letter that said we had no right to block that way, they failed to mention the alternative right of way we had created, even though the tractor and trailer will not fit through since we extended the house, with planing permission.

In the UK I know that I can decide what route they should take but am unsure in Ireland on the laws. 

We know who committed the criminal damage and the Garda have taken statements but are waiting for the outcome of the civil action. 

Do they have the right to say where they access my parents land and the route?

Regards


Charlie


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## onq (14 Sep 2011)

Hi Charlie,

I don't know why this didn't get a reply, but I'll venture one here and now.

If I'm reading your post correctly -

You appear to have blocked an old private right of way by building a raised parking area.

You offered an alternative route over which no rights had been established/granted.

Which route is now too small for tractor access because of the house extension - the old route or the newer alternative route ?

Did you in fact compromise both routes?


ONQ.

All advice on AAM is remote from the situation and cannot be relied upon                            as a defence or support - in and of itself -       should       legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                            Real Life with rights to inspect and issue     reports    on     the         matters    at      hand.


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## Importer (14 Sep 2011)

Unfortunately these things are very difficult........

For arguments sake if I was the "relative" in this case, I would be very slow to give up the existing right of way and would be very annoyed if someone had blocked it up without prior agreement. You cannot block up
a right of way, without agreement. Personally I believe they are within their rights to remove any obstruction over the ROW

I think the correct approach would have been to first of all "consult" with the relative. Offer them the alternative right of way but in a formalised deed that would be entered on the title / deeds. This would protect their rights over the alternative routing. If the relative does not agree to the alternative routing, there is very little you can do.

You definitely cannot just block up the existing ROW unilaterally.

Just imagine for a second if the relative did agree to the existing ROW being blocked up and then started to use the new route. In five years time you might come along and block up the new route.
What Im trying to say is that you cant expect them to forego one ROW overwhich they have legal rights currently, in exchange for an alternative route over which they have no rights.


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## CharlieR (23 Jan 2012)

Sorry it has been a while since coming back to you.

There is no written or legal right of way, they are claiming a right of way and yes we will give them it for turf only and not for residential development. They are claiming a prescriptive right of way that as I said before we asked them in 2004/5 to use a different route for safety regions. 

They do have access to the land from their own land. 

The area of wall and parking area that they demolished was originally a shed that we knocked down when building the house, and they would not have got a tractor through (originally we used a donkey and cart and a tractor has never been through there). The reason we built the new access is that the percolation area from the septic tank is behind the wall we built and was as the planning permission.

We made a road across the bottom of our land that both them and his brother can use and joins the route to the hill that also avoids the percolation area as mentioned before.

My main question is that I as a land owner determine access across my land and not the person who has the right of way. Is this correct?

Cheers


Charlie


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## 44brendan (23 Jan 2012)

Your best option here is to consult a solicitor. The right of way appears to be subject to dispute. I.e. It is not a burden on the land folio and therefore if the issue cannot be resolved amicably it will need to be put to the Courts. 
Bring a copy of the land map in with you to the solcr outlining the disputed area.


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## CharlieR (23 Jan 2012)

Cheers Brendan but tried that and after a year of their solicitor not responding I want to know if I can dictate a right of way. 

If so then my parents will start court proceedings for criminal damage and to legalise the right of way.

What is the annoying factor is that they do not need the right of way to access the land, it is easier from their land.

Charlie


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## Billo (23 Jan 2012)

CharlieR said:


> I want to know if I can dictate a right of way.
> 
> 
> 
> Charlie




I am not a legal person but I would say that that would be very unlikely.

Imagine if everyone was dictating rights of way.


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