Registering a Right of Way?

John joe

Registered User
Messages
98
I have a question in regard to the procedure a Solicitor needs to take to register a Right of Way.

There are 3 houses using the 1 right of way to access there houses for more than 20 years. If 1 of the owners wants to register that Right of way on there name, what the procedure thats normally taken?
 
There is no one-size-fits-all answer for a query of this type. The best thing is for the property owners concerned to take a concerted approach and to take legal advice based on the detailed specifics of their situation. If one of the three wants to do his\her own thing, it will only make it more costly.
 

Thanks for your reply. In this case the 'horse has aleady bolted' in that 1 owner has registered the Right of Way to there property. Neither of the 2 other houses were asked or even notiifed of this. Is this legal??
 
I wonder if the information you have is correct? A right of way is usually registered as a burden on property. In other words if you have a right of way over part of my property that right, if it is registered, appears as a burden on my title. If one of the owners has registered the right of way I expect that he or she has registered it as a burden on the title of the owner of the strip of ground that is being used by all three houses. A registration of this type cannot usually occur without the owner being notified of an application for registration being received by the Property Registration Authority .. and this would be where an application is being made without the consent of the owner of the strip of ground concerned. If the owner of the strip of ground agrees they will usually be willing to execute a Wayleave Agreement which you can then get registered quite simply. If the owner of the strip is willing to do it for one he is unlikely to be reluctant to do it for all three.

If none of this makes sense to you then it may be that I misunderstand what you have in mind.