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possible to acquire new rights on right of way?

  • 23-11-2008 10:29pm
    #1
    westofirl
    Closed Accounts Posts: 2 ✭


    There are three properties, A, B and C, with access from the public road by way of a boreen over A, with a gate on the boreen between A and B. Access to C is over the boreen which continues over property B. The right of way is a private right of way, not by prescription but of necesstiy and has existed for generations.There is no other way to access B and C.
    The boreen is 2.5 m wide, and up to the gate between A and B is bounded by high ditches. The owner of B on occasion parks his car on property A for short periods, on A's side of the gate.
    Is it possible for B's owner to acquire a new right, such as the right to park a vehicle on A? If so, how would this affect the rights of the owner of C to exercise his right to drive over B?:eek:


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Search the forum, this has come up before.


  • #3
    westofirl
    Closed Accounts Posts: 2 ✭westofirl


    thanks- have tried but search feature is a best complicated:confused:


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    http://www.boards.ie/vbulletin/search.php?searchid=4433864

    Use above link:

    There are circumstances in which you can buy a right of way, these are threefold, time, use and occupancy dependant.

    A solicitor is able to advise on such matters and indeed if you're a law student, see Wylie, Coughlan or DeLondras on Land and Property law.


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