NO ENTRY .... what your opinions on this behaviour and whats your advice

https://www.boards.ie/discussion/comment/118440932#Comment_118440932

Murder seems like a good option at times when dealing with ROW's. Dealing with a couple of different ones atm. It get's muddier, for example, the scope of use for an agricultural use ROW in Connemara may differ to say Kildare. In that it may be reasonable to walk sheep, cattle, ponies, use quads here, but in KE one may expect to travel a ROW with a combine.

Easten

https://www.boards.ie/discussion/comment/118441254#Comment_118441254

Not as straight forward as that. If it goes in front of a judge he will ask the question "Where was the water coming from over the last x number of years" at which point they must prove that the water is no longer available (ie a Well that no longer suitable ) Then they must prove that an easement along the ROW is the most suitable route. Again the landowner could object and claim there is better alternatives than the ROW

https://www.boards.ie/discussion/comment/118441276#Comment_118441276

LOL yes they are a nightmare for people as what they presumed the ROW gave them and what it really gives them are often a shocking wakeup call. Banks have tightened up a lot wrt lending on properties dependant on a ROW, they tend to run a mile unless the terms are written in stone!!

GNWoodd

https://www.boards.ie/discussion/comment/118441254#Comment_118441254

Water mains do require easements. Thousands of them put in place by county councils throughout the country .

https://www.boards.ie/discussion/comment/118441298#Comment_118441298

I'd nearly think there ought be some type of mediation service for ROW's outside of the courts. One I have for the future will cost me minimum €3-4k for legal opinions before I even approach the landowner, an awkward sort. That is with a marked recorded ROW! Law is too expensive for the ordinary person in Ireland, often that leads to simmering resentment over generations.

Markcheese

I'm assuming the neighbour isn't allowed to stop you accessing your older fields to do work - and once done , there theres nothing to stop you then accessing the other fields -

Is it a ROW or a public lane that's not in council care - ?

Easten

https://www.boards.ie/discussion/comment/118441469#Comment_118441469

There is something to stop you accessing the other fields, the law. What's worse is you could now have an issue using the fields you do have a ROW to as how can you prove that they are the only fields you will access.

Hence why your man blocked the road, imho this guy has gotten legal advise so (even though the OP is MIA) thread carefully in these cases

Markcheese

https://www.boards.ie/discussion/comment/118441500#Comment_118441500

Fair enough - although I doubt the neighbour is allowed to just park a digger accross the gap preventing access to the existing field ..

Although - you have experience of this - I don't - so

Mad_maxx

https://www.boards.ie/discussion/comment/118440447#Comment_118440447

It Need not be anything close to twenty years usage

Bass Reeves

https://www.boards.ie/discussion/comment/118441182#Comment_118441182

I am not talking through my ar5e as you put it. There is no definitive law on ROW's as very few ordinary people can afford the cost of getting definitive answers regarding ROW's.

Where normal access is concerned my understanding is that the owner has to maintain the ROW. I know of where a farmer was buying the land but he bought it over a ROW, he left the ownership of the ROW with those that bought the farm house because he would not have to maintain it. He got a legal opinion on it.

Most law of ROW has not gone beyond circuit court level. Most of it is decided at that level as very few can afford 100k+ to get definitive legal answers. Who is going to bet the farm on 50/50 chance

Easten

https://www.boards.ie/discussion/comment/118441581#Comment_118441581

Law is very clear on this, it has been well established many times. Unless there is a written agreement it is only the users of the ROW are the only ones who must maintain the ROW if they want not the land owners.

Bass Reeves

https://www.boards.ie/discussion/comment/118441635#Comment_118441635

There is no definitive law on ROW'S or even if they exist. With the digitalisation of land registation, it was necessary to re-register ROW's,.it has hit a massive stumbling block. There was an original cut off date, this was changed to 2022 but this again has been extended as there is an issue with non registered ROW.

cjpm

A few locals had trouble with ROW’s this summer. Landowners wanted to close them in case they’d be registered. Don’t know how it worked out.

patsy_mccabe

https://www.boards.ie/discussion/comment/118439788#Comment_118439788

This is true, as I had it confirmed to me by a solicitor. A ROW to a parcel of land doesn't extend to adjoining lands. A ROW is attached to a specific parcel of land only.

We have land accessed by ROW over about a KM of private road. There are maybe 10 land owners that use the ROW to access their individual parcels. The road is actually owned the the farmers on one side only. We all chip in to repair it every year,

ginger22

It is also possible to establish a right of way by "necessity" for example if there is no other way to access the property but would require going to court.

Bass Reeves

https://www.boards.ie/discussion/comment/118442640#Comment_118442640

Not not as far as I know. For instance you cannot buy a field without having access from public roads. This is one of the issues that is holding up the present legislation. There are blocks of land where the ROW is still not registered. If the legislation is fully enacted these might have to go to the High court to enforce access

A big issue may be land which is not recorded on land registery. These can often be large blocks of land that have not been transferred between generations.

ROW's differ in that they may or may not be over an road/ path. They could also be just over land. They could be just to move stock ( hill sheep farms) or for full agriculture activity.

Where agriculture activity causes an issue is often over a ROW that is over land as opposed to a roadway. This can be a problem where a party decided to feed cattle over this ROW with a tractor during the winter.

1373

We have an outfarm , we access the farm by a 200 meter lane . A neighbor owns the land on both sides of the lane . You would presume we own the lane but on the land register map , the lane is in the neighbors folio . So we had to go to him lately and ask him to sign a letter giving us a right of way. Luckily there were no problems

Bass Reeves

https://www.boards.ie/discussion/comment/118442847#Comment_118442847

That would not be unusual.

Easten

https://www.boards.ie/discussion/comment/118441700#Comment_118441700

You are side tracking the argument now and again talking out your arse. There is law on ROWs, it's called common law whereby the decisions by courts are explicitly acknowledged as "law". Legislation there may not be but that doesn't mean there is no law on the matter. Quite the contrary, many aspects of ROWs have been established in common law.

Going back to the original point that you tried to side track with this legislation BS.

Can you show me one example of where the servient owner of the ROW had to pay for the upkeep of the ROW for the dominant owner.

MOD: It is unacceptable behaviour to repeatedly tell a poster he's talking through his arse. Despite efforts to teach this gently, this poster is now thread-banned. Any future posts (Sunday, 13.30 on) will be deleted.

cap.in.hand.

So a lane that the land underneath is fully owned by 1 landowner is more problematic than a lane where the landowner owns the land into half the lane where a rite of passage has to accessed in both situations and no ROW ever registered

Kevhog1988

Buy a jcb key on ebay and move the digger

Tonynewholland

https://www.boards.ie/discussion/comment/118442817#Comment_118442817

It might be a bad idea and the Banks now won't give you the money for land with no access to a road but what's to stop you from buying.

Sir Galahad

https://www.boards.ie/discussion/comment/118438186#Comment_118438186

Ring the Inspector. I held back in my earlier comment. There is a large "Cohort" of younger members that actually don't want to work.

MIKEKC

https://www.boards.ie/discussion/comment/118442847#Comment_118442847

If you had being accessing the land by the lane why had you to ask for a ROW ?

cap.in.hand.

https://www.boards.ie/discussion/2058226589/no-entry-what-your-opinions-on-this-behaviour-and-whats-your-advice

Your post is contradictory as such that you say that you have been using a shared lane for yonks but only bought that land that shares the shared lane recently...did the ground you bought include the ground under part of lane that entitled it to be a shared lane....were you renting this recently bought land before you bought it therefore using the lane for yonks as you put it...the shared lane may have been in place to facilitate previous landowner to you and to that previous landowner only.

cjpm

https://www.boards.ie/discussion/comment/118441700#Comment_118441700

It has been extended multiple times at this stage. A massive can of worms will be opened when the deadline finally passes (assuming it won’t continue to be kicked down the road by the government)

GNWoodd

https://www.boards.ie/discussion/comment/118442847#Comment_118442847

Why would you have presumed that you owned the land on which the ROW lies ?

cjpm

https://www.boards.ie/discussion/comment/118439788#Comment_118439788

This is the most pertinent point.

What my understanding is…..

What ever you’ve been using the ROW for historically is indicative of your maximum usage going forward. So if you are using a ROW to access 10 acres, if you bought another 200 adjacent you can’t suddenly increase your ROW usage.

chooseusername

https://www.boards.ie/discussion/comment/118439840#Comment_118439840

I know Easten can't answer here, but what happens if you bulldoze the ditch and make it one big field?

cap.in.hand.

https://www.boards.ie/discussion/comment/118443945#Comment_118443945

But the OP seems to be claiming a shared access/lane as his right not a ROW ...they are claiming they had access to their land bought for twenty years constant...OP claiming they can't even get access to their original land now not to mind extra land they may buy in the future... definitely not getting the full facts from OP here.someone had to be in control/owned this lane at some stage of its life

cap.in.hand.

GNWoodd

https://www.boards.ie/discussion/comment/118443945#Comment_118443945

I’m not saying that what you have described is not the case legally but it makes an ass of the law. If there are three parcels of land adjoining one another stretching away from a public road. Field A is owned by Farmer John and I have a ROW over it to access Field B which I own . I buy the adjoining Field C but I cannot intensify the use of the ROW to go from B to C . When in reality all I am doing is stepping from one field that I own to another that I own .

As an aside , banning someone who obviously knows what they are posting about ( Easten ) has become an annoying habit on Boards . Does every poster have to agree with the consensus view and have taken lessons in etiquette?

cute geoge

https://www.boards.ie/discussion/comment/118444097#Comment_118444097

Why was Easten banned.

I have learned more from him about row law then top solicitors

cap.in.hand.

https://www.boards.ie/discussion/comment/118444097#Comment_118444097

The width of the opening to the public road can be controlled by farmer A

Tonynewholland

https://www.boards.ie/discussion/comment/118443463#Comment_118443463

A solicitor told me the dead line will never happen. They will never have every right of way and wayleave in the country registered. They will always be open to difference of opinions and that's the way the legal profession probably want it. In the end of the day it all comes down to the opinion of the judge on the day if it ends up in court

https://www.boards.ie/discussion/comment/118442847#Comment_118442847

Your lucky to have a good neighbour there....some lads ya think would be sound out,are awkward as fcuk when it come to long eatablished right-of-ways

cjpm

https://www.boards.ie/discussion/comment/118444097#Comment_118444097

You see the person that owns the land that the ROW runs through has rights too. People forget that.

The Law won’t let you ride them bareback.

As regards your example, the person who previously owned C would have had to have a way to get into it. If it was along the same ROW as B then all is fine and dandy. Landowner A might be a prick about it but he’d have no real say on it. Would be harder to get money from the bank if it wasn’t registered though.

If there was a completely different access route into C then the new owner would be expected to use that. And not be bothering landowner A

1373

https://www.boards.ie/discussion/comment/118443862#Comment_118443862

Because it’s a gravel lane with a ditch both sides starting at a public road leading only to our farm . Most people would think the lane belongs to us

1373

https://www.boards.ie/discussion/comment/118443351#Comment_118443351

Because A right of way is not official until it’s marked on a map and you can’t do that without the land owners signature

cap.in.hand.

https://www.boards.ie/discussion/comment/118444481#Comment_118444481

The lane will always belong to the landowners who have given the ROW to access your farm and are acknowledging your rights to that effect

1373

https://www.boards.ie/discussion/comment/118444689#Comment_118444689

yes but all this happened hundreds of years ago as many families have lived on our now farm as shown on old maps. I’ve no problem with all this but it came as a surprise to me and the other land owner

Dunedin

https://www.boards.ie/discussion/comment/118444118#Comment_118444118

We could start a petition ‘bring back Easter’ or a protest bit like beef plan at the factories.

valtra2

https://www.boards.ie/discussion/comment/118444118#Comment_118444118

Because he disagreed with the elite on here. Sure you know you can't upset them.

RaggyDays

https://www.boards.ie/discussion/comment/118444118#Comment_118444118

Because the man can't make a point without giving someone a dig. He has no filter. This is not the first thread he has been booted from.

Base price

https://www.boards.ie/discussion/comment/118444979#Comment_118444979

He doesn't appear to like anyone contradicting or questioning his opinion and seems to resort to personal insults. At least he only referred to Bass Reeves as "talking through your arse" as apposed to the one I was leveled with - "Enough is enough at this stage, it's like trying to explain something to the Smiley Amadán sitting at the back of the class in junior infants"

trg

Easten should be brought back. Bass is well able to stand up for himself I'm sure

1373

The gaa county forum that I follow went near dead when a guy was allowed to abuse anyone who didn’t agree with his opinions. People stopped posting. A forum isn’t about winning or loosing, its a discussion

MIKEKC

https://www.boards.ie/discussion/comment/118444519#Comment_118444519

Bought a farm 30 years ago was told there was a right of way going through it. Nothing on map. Apparently it was established because it was easier to get to road than the original ROW

GNWoodd

https://www.boards.ie/discussion/comment/118445545#Comment_118445545

Nobody is condoning abuse but a forum should be open to all viewpoints . I was banned a number of times on another thread for my views on Shane Ross’s changes to the drink driving legislation . I wasn’t abusive . Nobody could counter what I was posting .

It feels like you have to agree with a given ideology to say anything anymore .

greysides

MOD:

I was trying to leave things sit and have the discussion return to the topic at hand itself, but with more comments, I had better post.

There is a reason why on-thread discussion about moderation is BANNED. It distracts, and detracts, from the discussion. This is NOT a new rule.

Neither is the requirement to be civil to each other. No one, whether able to defend themselves, or not, should have to tolerate abuse. It does nothing to encourage new posters either.

If you wish to discuss moderation, use the PM facility.

Boards may have changed, but those items haven't.

"It feels like you have to agree with a given ideology to say anything anymore ."

Not the case here. We even have vegans post.

Now, leave it at that, please.

arctictree

The entrance laneway to our farm, only about 20 metres, is actually on our neighbours folio on the land registry. It's been used for hundreds of years. Should we bother trying to register it? The only issue I can think of is if the neighbour sells that field (it's an outfarm for him), the new owner could start getting notions about it...