I own a piece of land next to my house over which is a lane which a neighbouring farmer uses to access his land,he has told me I must sign a contract to allow him to register the right of way. My main concern is that in the future he may sell his land and someone will buy it and build a house on it, and as a result there would be a lot more traffic passing my house. My question is can I put a condition in that only allows the right of way to be used for agricultural use and also that the gate at the entrance be locked when not in use.
Agricultural right of way
- Thread starter GMG113
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You can put any clause in that is approved by both parties, enforcing that especially the gate closure might be difficult.
Is his land landlocked if that lane is not usable, How long is he accessing his land crossing along the lane that runs through your land, he already may have rights to use that lane through the passage of time and no objections from you.
Is his land landlocked if that lane is not usable, How long is he accessing his land crossing along the lane that runs through your land, he already may have rights to use that lane through the passage of time and no objections from you.
There is no must about it. You dont have to sign anything if you dont want to.
PaddyBloggit
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He could be trying to pull a fast one. The only person who can protect your interests is your solicitor.
There's a big 'tidy up' going in with rights of way - anything not registered by November 2021 could get more difficult to register after that.
Correct. But the farmer doesn't actually need the OPs permission to request registration of the right of way, but they would be given an opportunity to object by the PRAI before they register it. It's obviously best to agree everything beforehand.
galway_blow_in
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I'd sign nothing but right of ways are a minefield, many are not registered at all but are no less valid
DirectDevil
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First thing to know is for how long the right of way has been exercised by the neighbour.
If it is not so long as to constitute a true "acquired" right he is being a little cheeky and premature in seeking to register the right of way.
That said if he has been using it over a period of say 12 years or longer he might be acting sensibly and reasonably to protect his acquired right.
If only used for agricultural access OP is right to be concerned that it might be converted to another use at a later date.
If neighbour applies to the PRAI for the right and gets it OP might not be able to impose any constraining limits on purpose of use.
I would expect OP to hear from the PRAI if the neighbour makes an application to register the right of way.
OP could make representations or objections at that stage.
What this needs is for the OP to lay hands on every existing document relating to title and have his solicitor go through it all to see if there is anything lurking in the past that might impinge on the present position. I would be looking, amongst other matters, for any documentary evidence of prior agreements formed by predecessors in title to the respective properties. You would be amazed at some of the things you find in deeds bundles including information about things you never knew of. Solicitor time for sure.
If, after research, OP is satisfied that the neighbour may have good entitlement to register the right of way anyhow it might be possible to negotiate an agreed right of way in which is included the caveats OP wants as well as matters like responsibility for maintenance and repair. Be sure to reduce any such arrangement to a formal agreement and have it registered with Registry of Deeds as evidence of it's existence.
If the neighbour's application looks potentially tenuous but possible try selling him the right of way
The main thing to be avoided here is potential litigation over the issue. It would be preferable to negotiate that to litigate.....
If it is not so long as to constitute a true "acquired" right he is being a little cheeky and premature in seeking to register the right of way.
That said if he has been using it over a period of say 12 years or longer he might be acting sensibly and reasonably to protect his acquired right.
If only used for agricultural access OP is right to be concerned that it might be converted to another use at a later date.
If neighbour applies to the PRAI for the right and gets it OP might not be able to impose any constraining limits on purpose of use.
I would expect OP to hear from the PRAI if the neighbour makes an application to register the right of way.
OP could make representations or objections at that stage.
What this needs is for the OP to lay hands on every existing document relating to title and have his solicitor go through it all to see if there is anything lurking in the past that might impinge on the present position. I would be looking, amongst other matters, for any documentary evidence of prior agreements formed by predecessors in title to the respective properties. You would be amazed at some of the things you find in deeds bundles including information about things you never knew of. Solicitor time for sure.
If, after research, OP is satisfied that the neighbour may have good entitlement to register the right of way anyhow it might be possible to negotiate an agreed right of way in which is included the caveats OP wants as well as matters like responsibility for maintenance and repair. Be sure to reduce any such arrangement to a formal agreement and have it registered with Registry of Deeds as evidence of it's existence.
If the neighbour's application looks potentially tenuous but possible try selling him the right of way
The main thing to be avoided here is potential litigation over the issue. It would be preferable to negotiate that to litigate.....galway_blow_in
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A cast iron right of way will dilute the independence of any route to a person's home, this has monetary effects so it's vital to seek proper advice and the farmer is not a friend here
galway_blow_in
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Is the route in question his only form of access?
PaddyBloggit
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Basically, he has established his right to use the lane in question. He just wants to legalise/regularise it. Why not accommodate him but get his to cover your legal fees as he is initiating the request?