Do you have a right of way over someone else’s property to any part of your property or grounds? If so, it is very important to register this with the Property Registration Authority to ensure that you do not lose it due to recent legal changes that relate to rights of way. All rights of way must be registered with the Property Registration Authority by 30th November 2021 in order to ensure that they will be upheld.
Rights of way are usually created as a result of a formal agreement or by long and continuous use. Either arrangement may be protected by registration, but you should consult an experienced solicitor to ensure that due legal process is followed. Here at Irwin, Kilcullen & Co Solicitors, we focus on property law and can help to ensure that your interests are protected when you register your right of way.
Rights Of Way: Established By Long Use Or Agreement
1. Rights of way established by long use. Historically, rights of way have often been created when one landowner has used a road or piece of land that belongs to someone else in order to reach his or her property. If a right of way over a piece of land has been in continuous use for twenty years or more, this would generally establish a right of way. However, these arrangements are not usually registered with the authorities and, as such, could be lost if not registered by 2021.
Protecting a right of way such as this is straightforward, but requires an application to court for a declaration that confirms that the right of way exists. If this declaration is granted, you are eligible to register your right of way against the title of the relevant landowner(s) and your usage of the right of way may continue.
2. Rights of way established by agreement. If your right of way was originally arranged via a written agreement, this will also need to be registered with the Property Registration Authority by 30th November 2021. This process will not require a court order, but is essential in order to formalise the agreement and uphold your right of way.
After 30th November 2021, the law will change and a right of way that has been continuously in use for 12 years may be registered with the Property Registration Authority when it has been confirmed by court order as outlined above.
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Owning a property or piece of land brings many legal requirements and complications, and good legal advice is indispensable. Contact Irwin, Kilcullen & Co Solicitors for a free consultation without obligation and benefit from our expertise in property law. Simply contact us online or call us today on +021 4270934 to talk to our experienced and helpful team