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Rear Laneway Access & Right of Way

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  • 22-11-2018 4:46pm
    #1
    Mac-Chops
    Registered Users Posts: 293 ✭✭


    Wondering opinions on a current predicament I have found myself in. I'm sale agreed on a property which has a rear access via laneway. There are 2 gates, 1 to the lane and 1 to the back garden itself and the vendors have keys for both.
    The concern is that laneway is not fully shown on the folio title or OSI maps.

    On paper, the property next door owns the lane behind their house and while all seems fine now, who's to say the next owner would not like to claim back an extra chunk of back garden.

    My solicitor is not too concerned as the vendor has noted that they will sign a declaration that it has been in use since they moved in over 12 years ago which, if I decided to pursue it, would help my case in applying for a prescriptive easement via the land registry.

    My plan would be to suss out the neighbour after moving in but the flipside of that could be that they may not even be aware of themselves and refuse which wouldn't be ideal.
    Insisting on the vendor sorting it may also scare them off in the current climate as this issue may not be a concern to others.

    Just checking if others have had similar experiences.

    Sketch below for context, yellow dashed line is the lane which exists but not shown on folio map.


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