types of prescribed rights of way.

wazzoraybelle

Is a prescribed right of way, through long use, interpreted for all types of use or just for the purpose for which it has been used?

for example, if a farmer was using someones private road to get to his fields for ploughing, spraying, harvesting etc., would that be interpreted as agricultural use only? Or would the farmer be allowed to develop that land for housing?

Also would the farmer be allowed make other openings to his fields along that right of way?

Thanks
Wazzo

Mr. Incognito

This is stone cold legal advice.

Speak to a solicitor

nuac

Mod
Will leave it open for now for general discussion re rights of way and wayleaves etc. - subject to forum rule against legal advice

wazzoraybelle

I was hoping that my question was general enough and only used the farmer as an example to further explain my question. As I live in the countryside, rights of way are always a hot topic!! I'm merely curious as to the latitude of interpretation of prescribed rights of way.

Cheers

GerardKeating

wazzoraybelle wrote: »

Is a prescribed right of way, through long use, interpreted for all types of use or just for the purpose for which it has been used?

for example, if a farmer was using someones private road to get to his fields for ploughing, spraying, harvesting etc., would that be interpreted as agricultural use only? Or would the farmer be allowed to develop that land for housing?

Also would the farmer be allowed make other openings to his fields along that right of way?

Thanks
Wazzo

Would making another "opening" not require some form of planning permission?

brian_t

GerardKeating wrote: »

Would making another "opening" not require some form of planning permission?

I thought I read somewhere that you don't need planning permission for a gateway to a public road if the public road is less then 4 metres wide.

But anyway this is not a public road, it's a private road so presumably you only need the permission of the roads owner at most.

brian_t

brian_t wrote: »

I thought I read somewhere that you don't need planning permission for a gateway to a public road if the public road is less then 4 metres wide.

Read it here Planning Permission for new entrance to field

wazzoraybelle

The example I was using was for an new opening onto an existing private road where the farmer already had a prescribed right of way to a separate opening.

Cheers

Peregrinus

wazzoraybelle wrote: »

Is a prescribed right of way, through long use, interpreted for all types of use or just for the purpose for which it has been used?

for example, if a farmer was using someones private road to get to his fields for ploughing, spraying, harvesting etc., would that be interpreted as agricultural use only? Or would the farmer be allowed to develop that land for housing?

Also would the farmer be allowed make other openings to his fields along that right of way?

Thanks
Wazzo

I think to develop the field for housing, you'd have to upgrade the infrastructure over the right of way to meet the requisite standards for a road giving access to dwellings - proper surfacing and drainage, footpaths, two lanes, wide enough for fire tenders, etc, etc. It's very unlikely that the existing track meets this standard, and the farmer's right of way doesn't give him any right to do works like that.

Addle

Use can't be excessive.
Must benefit land and not owner.
http://www.prai.ie/registration-of-easements-and-profits-a-prendre-acquired-by-prescription-under-section-49a/