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Ownership of lane behind house and right of way

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  • 22-11-2016 10:35am
    #1
    Alkers
    Registered Users Posts: 6,833 ✭✭✭


    We are at the sale agreed stage on a property and our solicitor has just received the Contracts. There is lane access from the garage at the back of the back garden and the solicitor is concerned that the documents he received contain enough information for there to be a right of way for us to use the lane. Is there a way of finding out who the lane belongs to currently? I think if it has been taken in charge by the county council then we shouldn’t have an issue.
    Thanks


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    #2
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    Contact the county council,
    maybe look at the deeds, map if you have a map, not every house has a map,
    some just have deeds with a Written description,text of surrounding buildings
    or boundarys
    EG left boundary no 7grangemore lane owner j kelly, right boundary, ed flanagan no5 grangemore lane.


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    #3
    Gomango
    Registered Users Posts: 79 ✭✭Gomango


    I had the same concerns a few months back when sale agreed.

    These were the steps i took:
    • I checked PRAI website for ownership
    • I requested deeds as per previous post.

    If the laneway is registered in PRAI to the council or a person and has a right of way for residents it will be on the Folio Part 3 as a burden, it costs 5€ to order the folio.

    If your property is not registered in PRAI ask your solicitor to forward a copy of the original deeds for the property as per previous post.

    If you want to PM me the address ill do a quick check to see if its registered in PRAI.


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    #4
    Alkers
    Registered Users Posts: 6,833 ✭✭✭Alkers


    Thanks, I have found the folio numbers for the laneway on the PRAI site but I think I need to register and pay to see who owns the folios and see details of any rights of way. The folios for the laneway also include some of the main road in front of the hosue so I assume this implies county council ownership.

    I can see the folio for the house also and there is no mention of a right of way.

    Gomango - if you went through the same process, am I correct in saying that a right of way is only needed if it is owned by someone other than the council?


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    #5
    Gomango
    Registered Users Posts: 79 ✭✭Gomango


    Simona1986 wrote: »
    Thanks, I have found the folio numbers for the laneway on the PRAI site but I think I need to register and pay to see who owns the folios and see details of any rights of way. The folios for the laneway also include some of the main road in front of the hosue so I assume this implies county council ownership.

    I can see the folio for the house also and there is no mention of a right of way.

    Gomango - if you went through the same process, am I correct in saying that a right of way is only needed if it is owned by someone other than the council?



    Not necessarily. If it was built by a private builder the company could have disposed of individual plots as leases/ freehold disposals and retained the ownership of the roads and laneways- with the council taking the roads in charge, not the gated laneways. (this was in my case).

    If the council own it they would still in some cases give ROW's.

    You should ask your solicitor for a copy of the instrument. He will have a copy of this. As per previous poster, it should state on the deed if there is a ROW. If not it could be an informal agreement to pass when the houses were sold by the builder.


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