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Right of way

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  • 06-10-2016 11:58am
    #1
    Archaeoliz
    Registered Users Posts: 142 ✭✭


    Just wondering in general terms if anyone knew whether you can deny access across your own land to a tenant living on a property whilst continuing access to the landowner of the other property? If we can the tenant will still have foot access to the property but not vehicular.


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    #2
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    This is likely to very much depend on the history of the right of way and what has been agreed in writing. This would constitute legal advice above that which we are permitted to give on boards. I suggest speaking to a solicitor.


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    #3
    Archaeoliz
    Registered Users Posts: 142 ✭✭Archaeoliz


    Ok, thanks will do then.


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    #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    As a general rule, a private right of way is a personal right and so can be confined to individuals or classes of individuals.


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    #5
    Archaeoliz
    Registered Users Posts: 142 ✭✭Archaeoliz


    I've got conflicting advice so am going to go and ask a professional! It's a lane and there are a series of private rights of way over each owners part of the lane. It's not been registered as a right of way under the 2009 Act. My parents had a field which the owners of another field had a right of way over and I know that they successfully and legally refused access to the tenant they rented the field to. That was in the UK so I don't know if the principle is the same or not. It might help several other neighbours out if we're to be gently difficult about it you see.

    Don't really want to breach AUP as it's obviously a legal advice issue and I'll go and get the right advice from the right place.

    Thanks for replying though.


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    #6
    Right2Write
    Closed Accounts Posts: 1,356 ✭✭✭Right2Write


    Archaeoliz wrote: »
    My parents had a field which the owners of another field had a right of way over and I know that they successfully and legally refused access to the tenant they rented the field to.

    Just curious but why would you wish to restrict a right of way to your own tenant? Seems a bit bizarre!


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    #7
    Archaeoliz
    Registered Users Posts: 142 ✭✭Archaeoliz


    Right2Write wrote: »
    Just curious but why would you wish to restrict a right of way to your own tenant? Seems a bit bizarre!

    We don't have a tenant in either of the scenarios. Tenant belongs to the neighbour and accesses the tenanted property on the neighbour's land over our land using an unregistered right of way. Hope that clarifies for you.


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    #8
    Right2Write
    Closed Accounts Posts: 1,356 ✭✭✭Right2Write


    Archaeoliz wrote: »
    We don't have a tenant in either of the scenarios. Tenant belongs to the neighbour and accesses the tenanted property on the neighbour's land over our land using an unregistered right of way. Hope that clarifies for you.

    So you want to respect the private right of way for your neighbour, but not their tenant? Odd :)


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    #9
    Archaeoliz
    Registered Users Posts: 142 ✭✭Archaeoliz


    Right2Write wrote: »
    So you want to respect the private right of way for your neighbour, but not their tenant? Odd :)

    Yup they certainly are.


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