Land purchase dilemma!

M

markell50

Registered User
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Hi there, just hoping somebody maybe able to help.
We approached the local farmer 4 yrs ago to see if he had any sites available. He showed us a site and told us he would sell it to us if we obtained planning permission. We were refused a couple of times but eventually got it included in the development zone and obtained planning permission last November. Each time we were refused we went back to the farmer and asked if it was ok to apply again. We renegotiated a price with him and finally succeeded in getting planning permission.
He had given us permission in writing to make the application and also permission to access the site. Throughout this process he continually affirmed that he owned the lane way leading to the site.
We have now received the contract and it states that "he has had long usage right of way and that no further enquiries shall be made in this regard". Our solicitor advises that one cannot have a right of way over ones own land and has advised against signing.We approached the farmer about this and his attitude is very much take it or leave it.
My question is do I have any recourse? Has he misrepresented the facts and induced us into getting planning permission by asserting all along that he owned the laneway? Any help is much appreciated.
 
I'm not sure what the problem is. Are you concerned that the farmer does not own the laneway and that you could be buying a landlocked site or are you worried that the farmer is retaining a right of way over the laneway to the site?

Your solicitor is right in that he can't have a right of way over his own land but he could have a quasi-ROW in that he could be regularly passing over the laneway. He may wish to retain this right for himself after selling the site to you.
 
Hi Pulped, sorry for confusion. It appears that the farmer has not reserved a ROW for himself. There are other houses going up the lane way which the farmer sold a number of years ago and did not reserve a ROW. The planning registry maps show that the lane is now split down the middle with the farmer owning one half and the residents on the Boreen owning the other. The lane way has not been taken in charge by the county council
 
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