Registering a Prescriptive Right of Way

razor8

How can you register a prescriptive right of way if some of the land along the roadway isn’t registered with the land registry?
My solicitor doesn’t seem to know

Mod Note
New thread created.
Try not to dig up threads from years ago.

Thanks.

Dolbhad

razor8 wrote: »

How can you register a prescriptive right of way if some of the land along the roadway isn’t registered with the land registry?
My solicitor doesn’t seem to know

Mod Note
New thread created.
Try not to dig up threads from years ago.

Thanks.

As long as your land is land registry (which is the land that requires the right of way), you can register that right of way over registry of deeds land (which is land not registered in Land Registry). It’s a little bit more difficult to find the owner of unregistered land (so property registration authority can notify them) and searches in registry of deeds will be needed. Also you’ll need an engineer to draw up the map of the right of way.

The PRAI website has a whole load of information on registering rights of way and does deal with this scenario. But if your solicitor doesn’t know, may be worth moving to another solicitor who may have experience with that.

razor8

I couldn’t find anything on this scenario on prai. Could you send link to it please?

Dolbhad

razor8 wrote: »

I couldn’t find anything on this scenario on prai. Could you send link to it please?

Not sure if I can post links but I’ve posted it in case I can. Sorry mods if that’s incorrect.

https://www.prai.ie/registration-of-easements-and-profits-a-prendre-acquired-by-prescription-under-section-49a/

It would be under easements and profits a prendre if you search the PRAI website.

razor8

Thanks

Dolbhad

razor8 wrote: »

Thanks

You will see the section which applies to you which is where the dominant land (your property) is registered and the servient land is unregistered.