# How do you get Right of Way through your property revoked ?



## demoivre (4 Feb 2005)

Does anyone have any experience of getting a right of way through their property revoked ? I understand that if the right of way hasn't been used for ten years it can be revoked. Whilst I know I will have to go to my solicitor I am hoping for some initial feedback re the procedure involved eg will I have to erect an onsite sign and a notice in the local newspaper as  in a planning permission application and how much does the whole thing cost?

title edited slightly by ajapale


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## 90210 (4 Feb 2005)

*Re*

Right of ways or Easements are very complicated matters , reason being is that they usually date back through many courses of ownership.

Just because you are now Jonny on the spot you cannot simply end a right of way. For instances other households might have the right away written into their deeds , if the deed predates your then you are snookered.

It depends on what part of the country you live in?

What and who would be affected ?

Why do you want to stop it?

How is it affecting you , negatively ?

The basic rule is such that an easement or right of way is put in place for a necessity and NOT for a convenience. If that necessity is no longer warranted then you should have no issue in closing the Right of way , but depending on how your neighbours or users view that decision is another matter.

Can you tell me why people use your parcel of land as a right of way and what would you do if the right of way was removed , construct ?


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## demoivre (4 Feb 2005)

*Re*

Thanks 90210

It depends on what part of the country you live in?

Wexford.

What and who would be affected ?

It hasn't been used for at least 10 years and one neighbour is the only one that would be affected in a technical sense as he doesn't use it either.

Why do you want to stop it?

I want to build on the bit of land through which there is a right of way.

How is it affecting you , negatively ?

See answer above.

Can you tell me why people use your parcel of land as a right of way and what would you do if the right of way was removed , construct ? 

Nobody uses it and yes I would build on it.


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## 90210 (4 Feb 2005)

*Re*

Building on it will kick start something no doubt. To be honest one individual has a very weak hand.

Tell me why did he ever use the ROW and for what reasons? , we are back to necessity or convenience.

For example , short cuts are really convenience but access to parcels, fire exit , cattle runs are necessity.

ROW can also be in place to prevent buidling or structures going into place and blocking viewpoints or the natural design of the locality.

I have seen some ROW opened up after being closed for 20 years or so , just to riggle money out of the developer.

By the way your deeds and planning application will have to show that this ROW is no longer in use.But they will investigate this issue.


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## demoivre (4 Feb 2005)

*Re*

Tell me why did he ever use the ROW and for what reasons? , we are back to necessity or convenience.

The ROW would have been a shortcut for the neighbour to walk on to a road below us ie he walks to the end of his garden on to the right of way across my piece of land which is  " L " shaped and on to the road below us. The ROW is through the "  _  " part of the " L "
It hardly makes any difference time wise for him to stick to the road outside his front gate and walk around to the road below us or walk down his garden and through the ROW. I assume that's why he doesn't use it.


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## emaceile (5 Feb 2005)

*right of way*

How do know it hasn't been used for the last ten years and how could you prove it?

If it's recognised by the Local Authority (check the latest land map for the area) then it may be more difficult to extinquish the right of way.

checkout the section for Ireland on the following weblink.

[broken link removed]

(I want to marry google)


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## 90210 (5 Feb 2005)

*I love google*

Somewhat interesting summary on "Public" right of way but this thread is based on a Right of way which is only a ROW bestowed onto those which have been granted same.

A public Right of way is as it states a ROW for everyone , It stems back from the Highway code which specifies each Public ROW and differentiates their uses. This could mean they could be just a footpath , cattle track , horse track or Public Highway which is ambiguous.

To mix up the two is easily done but to a ROW on your land does not simply mean every Tom Dick and Harry camper can trawl your property.

It back to the old civil description Convenience or necessity.


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## demoivre (7 Feb 2005)

*RE.*

emaceile asked: How do know it hasn't been used for the last ten years and how could you prove it

The area is quite overgrown and it would be difficult to walk through it. Also I have lived here for ten years and have never seen the neighbour use it but I accept that this is not definitive proof.
This was one of my reasons for the thread in the first place ie to see what was involved in revoking the ROW, did I have to put up a sign etc. to say what I was intending to do.


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## Vanilla (8 Feb 2005)

*Re: RE.*

It really depends on the type of right of way involved. If it is a public right of way, then despite the fact that it hasnt been used for 10 years, it cannot be removed. If it is a right of way granted by deed to one neighbour, the simple way to remove it is to ask your neighbour to sign a deed confirming he revokes it. Your solicitor will advise, depending on the title.


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## sunnyday (9 Feb 2005)

*Re: RE.*

This brings to mind an old farmer I knew (RIP now) years ago who used make an annual pilgrimage of opening gates etc to drive his tractor all the way through a neighbours farm and out onto a road, just to "keep alive" his right of way. I'm not sure how necessary or effective this practise was!


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## 90210 (9 Feb 2005)

*Re*

The farmers practice merely reinstated his use of the ROW for each year , simple buy effective.

The original querist must present his planning permission to the relevant council  , attached to the plans should be a waiver from the neighbour to the ROW.

If you omit this from the plans and the neighbour kicks off about it , they will have you plans rejected and might start using the ROW again.

Use you head , have a talk with them and maybe drop in a bottle or two if they are so inclined.

The costs of re submitting plans and Bord Plamausa appeals speak for themselves.


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