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Right of Way Query

  • 09-05-2017 11:09am
    #1
    Nightshad3
    Registered Users Posts: 68 ✭✭


    Heres the situation:

    My father sold a site on which houses were built back before the property bubble burst. The developer now has a buyer. The road that leads to the property runs on my land. The road is an access to the strand.

    As he is selling he has requested I sign on right of way. He is claiming that the road has always been public access and has offered me a euro to sign!

    I am just wondering am I entitled to a fee, I have consulted with a solicitor and he has said I cannot be forced to sign the ROW and I should negotiate a price

    I

    Anyone have any advice on how I should proceed, could I be brought to court and have to pay legal fees etc if I stand my ground and ask for a fee?


Comments

  • #2
    notharrypotter
    Closed Accounts Posts: 1,112 ✭✭✭notharrypotter


    wrote:
    I have consulted with a solicitor and he has said I cannot be forced to sign the ROW
    Your professional advisor has given you advice.

    Now its a case of how much you want versus how much the developer is willing to pay.

    You have seen their opening offer.


  • #3
    Nightshad3
    Registered Users Posts: 68 ✭✭Nightshad3


    We haven't negotiated yet, he has been given an offer from the solicitor through a letter, should I leave the negotiations go through my representative, if he rings me I'd rather tell him to leave the solicitor deal with it


  • #4
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Nightshad3 wrote: »
    We haven't negotiated yet, he has been given an offer from the solicitor through a letter, should I leave the negotiations go through my representative, if he rings me I'd rather tell him to leave the solicitor deal with it

    Leave it all to your solicitor.

    They will be experienced in this issue and will try and get you the best deal.


  • #5
    T-Maxx
    Registered Users, Registered Users 2 Posts: 3,158 ✭✭✭T-Maxx


    Why would the developer want you to sign the ROW when it's a public road??

    Also, the establishment of the ROW is required at planning stage. You should have a look at the planning permission for the two houses first.


  • #6
    Nightshad3
    Registered Users Posts: 68 ✭✭Nightshad3


    Its technically not a public road, its on my property but it has always been a public access to the beach there

    Would the ROW have been required as far back 2006?


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  • #7
    T-Maxx
    Registered Users, Registered Users 2 Posts: 3,158 ✭✭✭T-Maxx


    I'd say so yes. Best to study the PP's. The access to the beach may most likely have a registered ROW on it, this should be on your land registry folio.


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