# problems with a neighbour on their right of way through my property



## gwenilla (4 Jul 2009)

Have had problems with a neighbour on their right of way through my property-it's their out-farm and they visit on average 9 times /week. 

I hung a gate 2 years after I bought the land, and they attempted to pull it down. 

Twice on meeting them they have refused to allow me enter from the public road onto my property - I've made Garda complaints. I do not want to go to court, but short of selling the place, I will get no peace. 

The most recent was the wife threatening me with a knife and refusing me access to my land. 

The gate is unlocked, twice they have broken the closing mechanism, so it is now tied with string which is invariably cut to pieces each day. 

Another landowner has an easement over my property and my neighbour's property and has no problem with the gate. The offending neighbour keeps the gate to his property locked, and the other guy had to request a key. 

It's a living nightmare, and I think it is only a matter of time before I'm physically injured or worse. Any suggestions on how court might pan out?

 I will install cctv on the gate and track next week.


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## Superman (4 Jul 2009)

*Re: Right of Way*



gwenilla said:


> suggestions on how court might pan out? I will install cctv on the gate and track next week.


The wife might get assault charges for wielding the knife.  Evidence might be difficult.
Also criminal damage for damage to the gate.  (Proof even more difficult).

Any way you could get mediation?  See if the problem could be sorted out of court?  Going to court isn't going to help if you are planning on staying in the area...


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## nuac (4 Jul 2009)

*Re: Right of Way*

I note you bought the place and then put a gate on the right of way two years after purchase.    Unless that gate replaced an existing long established gate you may not be entitled to place it there, even if it is unlocked without the consent of the people entitled to the right of way.   You cannot impede or materially alter a right of way without the user's consent.

If you are new in the area you should tread carefully.   E.g. if you have to go to law you might find local witnesses hard to get.   The person entitled to the right of way, or a fiifth cousin of his wife's sister in law may have tried to buy that place before you did, and may resent your arrival.

Mediation is worth a try.   Local Garda Sergeant often good choice.    Professionally trained mediators often do not understand what an Irish farmer means by "land".  That play "The Field" is true to life.

There is a story of a well-known Circuit Court Judge in the West seeking resolution of a bitter title dispute before him regarding a small patch of ground.   He decided to visit the scene with the parties and their advisers.   It was a small rocky field.  When he arrived he exclaimed in some surprise that this is just a heap of rocks.  To which the two litigants replied in unison "Yes but it's my f---ing heap of rocks"

Talk to the solicitor who acted for you on the purchase.

Legal actions about rights of way are difficult to run, and can leave a residue of bitterness for generations.


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## gwenilla (6 Jul 2009)

*Re: Right of Way*

Many thanks for the suggestions; nothing short of removal of the gate and widening of the r.o.w for my neighbour's benefit at _my_ expense, according to my neighbour, is going to resolve the problem... but I've decided that as this is 2009 and not 1809 I'm not going to tolerate this behaviour. in for a long hot summer.........


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## Pique318 (6 Jul 2009)

*Re: Right of Way*

How wide is the gate ? As it's a farm access, bear in mind that a 10' gate is too small for ease of access with modern tractors/machinery. 15' is more standard nowadays.


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## j26 (6 Jul 2009)

*Re: Right of Way*



nuac said:


> I note you bought the place and then put a gate on the right of way two years after purchase.    Unless that gate replaced an existing long established gate you may not be entitled to place it there, even if it is unlocked without the consent of the people entitled to the right of way.   You cannot impede or materially alter a right of way without the user's consent.


You are - but if it is a locked gate, you must provide the person with the benefit of the right with a key.

Nuac is right though - I'd say you may have unwittingly walked in on a long running dispute, or treaded on their toes merely by purchasing the property.

With the breaking of the closing mechanism, that is a criminal matter (criminal damage), and I would be inclined to go with the CCTV idea to gather evidence that you can either go to the Gardai with, or threaten the neighbours that unless they fall into line that you will go the them.

With blocking access to your property, if it is public property (e.g. public roadway), it is a criminal offence (S9, Public Order Act), and you can report it to the Gardai.  If it is on your property, then they are trespassing as they are using the right of way for purposes for which they do not have permission.  That's a civil matter.

As regards the widening of the right of way, hunt up the deed that created the right and see what actual rights they have and who bears the responsibility for maintenance.  The granting of the right may specify a right 10 feet wide or whatever - they have no right to use it excessively.

In court, everything will be based on what was in the original grant, so you really need to see exactly what rights they are supposed to have, and their obligations to you.


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## gwenilla (9 Jul 2009)

*Re: Right of Way*

Thers is nothing written in the folio about the right of way, just a broken line on the map to my neighbour's property and on to a third property. He bought the land 20 years ago from the estate of a deceased farmer who used the track to access his land and house.

The gate is a little smaller that the width of the right of way, and the post from which it hangs has been recessed into the ditch so as not to impede the right of way. The ditch was also recessed so as the gate could open into it and not reduce the width of the right of way.

It is currently closed each day with baling twine-the original hook/latch mechanisam was smashed and replaced then smashed again.

 My neighbour can easily get agricultural machinery down the right of way-in fact the entrance was widened so as to make it easier to access-it had been a tight turn.

At times, if I am on the land and my neighbour is driving on the right of way, he will stop for a minute of several minutes watching me. If he doesn't know I am around, he drives either to his property or out to the public road without stopping. 

As I said I do not want to incur the expense of a court date and for such a small matter it seems like a waste of court time. I do worry though as the days shorten that things will get more sinister and I'm not anxious to become another murder statistic. 

I appreciate the advice and posts-many thanks.


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## ajapale (9 Jul 2009)

*Re: Right of Way*

Contact your solicitor.

It appears to me that your neighbour has established a right of way over your property.

Did you really have to erect the gate?

Are you a country person who is familiar with the ways and practices in rural Ireland?

Again,Contact your solicitor and heed the professional advice.


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