Right of way complication

ittakestwo

Hi, I am wondering if somebody knows about right of ways and could advise me please.

I brought a property a few years ago. My neighbor had been using my driveway as a right of way to the public road from their rear via a gate on to the driveway ( they have front access to the public road directly so not case of being landlocked and needing the right of way at the back for access)and had been using the gate for 30+ years so had gained rights but had not made it official on their property title. This was not a problem for me as I came to this situation knowing this. However there is nothing on the neighbors property title regarding the right of way or mine. However they recently sold the property without making the right of way official on their property title.

I am now confused as do the new owners have rights to use my driveway as a right of way too? I believe when you use something for a certain period you get prescription rights, But does a person get prescription rights or a property? Can the new owners get prescription rights for the property on behave of the previous owners use of the property?

I asked my solicitor and they did not give a yes or no answer ( typical solicitor) but said put a lock on the gate and have them prove what rights they have to come out onto my driveway but this seems to much of an aggressive move for my liking and would like to know more before I do something like that to my new neighbors. I know it is a long shot but has anyone been in a similar situation and what was the outcome?

ittakestwo

ittakestwo wrote: »

Hi, I am wondering if somebody knows about right of ways and could advise me please.

I brought a property a few years ago. My neighbor had been using my driveway as a right of way to the public road from their rear via a gate on to the driveway ( they have front access to the public road directly so not case of being landlocked and needing the right of way at the back for access)and had been using the gate for 30+ years so had gained rights but had not made it official on their property title. This was not a problem for me as I came to this situation knowing this. However there is nothing on the neighbors property title regarding the right of way or mine. However they recently sold the property without making the right of way official on their property title.

I am now confused as do the new owners have rights to use my driveway as a right of way too? I believe when you use something for a certain period you get prescription rights, But does a person get prescription rights or a property? Can the new owners get prescription rights for the property on behave of the previous owners use of the property?

I asked my solicitor and they did not give a yes or no answer ( typical solicitor) but said put a lock on the gate and have them prove what rights they have to come out onto my driveway but this seems to much of an aggressive move for my liking and would like to know more before I do something like that to my new neighbors. I know it is a long shot but has anyone been in a similar situation and what was the outcome?

Well to answer my own question. Yes you can get prescription rights on behave of your previous owner use of the property.

davindub

ittakestwo wrote: »

Well to answer my own question. Yes you can get prescription rights on behave of your previous owner use of the property.

Its complex enough, TBH its not worth the legal fees unless you really don't like your new neighbour. A workable solution is like your solicitor suggested, explain you are putting a gate in place, lock it and tell them if they need access, you will open it subject to an usage agreement being signed. It would hardly ever be used and over time will be probably forgotten about. Your consent is important.....speak to your solicitor about it.

Offhand, there was a small window for registering easements in the reformed act from 2009 to 2012, but easements were not automatically expired if not registered. It is likely since you have not been approached that the purchasing solicitor was unaware of the easement or decided it would be hard to register, otherwise they should have been trying to register the easement as part of the sale.

the_syco

ittakestwo wrote: »

My neighbor had been using my driveway as a right of way to the public road from their rear via a gate on to the driveway ( they have front access to the public road directly so not case of being landlocked and needing the right of way at the back for access)and had been using the gate for 30+ years so had gained rights but had not made it official on their property title.

I'd lock the gate also. Heck, unless it was official, I'd look into removing the gate, and building a wall!

=-=

I did a Google, and came across http://www.stonesolicitors.ie/rights-of-way-welcome-changes-but-not-enough/

With the passing of The New Act, the rules changed completely. To secure the Right of Way the registration in the Property Registration Authority of a written grant of right of way or a Court Order was needed.

and as I'm guessing the owner was only aware of the old rules, may not be aware of the new rules, and you may be okay.

So, instead of asking your solicitor yay or nay, ask if the new rules apply, and if so, has there been anything done officially?

Youredeadright

The 2012 registration deadline got kicked out to 2021 so there's a bit of time for them to attempt registration under the current rules. Questions like yours often get a knee jerk "lock the gate" reaction (commonly stranger-danger issues on their part) on forums.

There's an opportunity here too that hasn't been mentioned- what would you be happy with as compensation for your neighbour's use of the access? If there is a figure you can both agree on, you can have an agreement drawn up and they can register a private right of way with you, the landowner, signing off. I'd include conditions relating to road maintenance contributions, vehicles under a certain size, whatever else you want. That way you'd get a positive relationship with your neighbour, avoid a long winded planning/legal battle, have a nice cash windfall and ensure a fund for future maintenance of the driveway.

the_syco

Youredeadright wrote: »

If there is a figure you can both agree on, you can have an agreement drawn up and they can register a private right of way with you, the landowner, signing off.

When my grandfather was alive, his neighbour had a right of way via his driveway. Mostly fine, but the odd contractor would drive up and make a hames of the driveway. Also, cattle would sometimes walk all over his garden on the way to the field when they broke through the electric fence, etc. Also would have to ensure not to park in the driveway at certain times of the year for silage, etc, so visitors couldn't always park in the driveway.

My point is; the money may be nice, but you'll regret it if you ever decide to have kids, or have kids over, as at any given time the neighbour may open both gates to drive through the right of way, and leave them open.

Thestones

Have the new owners even tried to use it? They may not even be aware of what the previous owners were doing using your driveway.