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

Jb1989

https://www.boards.ie/discussion/comment/118446546#Comment_118446546

Wonder does anyone, legal wise know about your access? If someone did know, and neighbour went to sell field, it's possible you might have to sign a letter to allow sale.

Does happen some situations, where someone else useing a right of way, has to allow the sale of someone else's land on the same right of way.

Good loser

https://www.boards.ie/discussion/comment/118446698#Comment_118446698

MTU

Buy a bottle of gin and seduce his wife, that’s an entry. Borrow a digger and move that Tonka toy off the lane.

Yes folks it’s this simple.

Good loser

My farmyard access was over a laneway. The first laneway was shared with neighbour. After a dispute the neighbour built a separate access laneway alongside. In time the neighbour built a new house and accessed it from another public road, so that his access over the parallel lane fell into disuse. When I got the land in the 1970's the 'ditch' between the two laneways had nearly gone and I completed the job. Around 2016 the land was sold and the vendors solr contacted me about the issue. I told him that I had established possession by use and didn't want to get a ROW over the second lane. The strip was 4m x 200m maybe. To simplify the matter for everybody he transferred the strip to me gratis - no solicitors fees even. And sold the remainder of the farm with no ROW complications.

samjames

https://www.boards.ie/discussion/comment/118440327#Comment_118440327

https://www.boards.ie/discussion/comment/118440327#Comment_118440327

by starting and moving it i would be landing myself in trouble as not my property and be just moved back again anyway

samjames

https://www.boards.ie/discussion/comment/118443434#Comment_118443434

no i am not, i said the new field is not on this actual lane, its nothing to do with it only the purchase of it has really annoyed him as it had much interest in it too

i said the lane is shared and be using it as yonks for going to the land we got 20 years plus

Bass Reeves

https://www.boards.ie/discussion/comment/118446546#Comment_118446546

Yes you should. This is the whole point about the ROW on the new land registry. If you do not and they do not roll over the date you could have to go to the High Court to get it sorted.

https://www.boards.ie/discussion/comment/118446698#Comment_118446698

I do not think so, where it can be an issue is over a partial sale. Where maybe where there was a house and a farm and they were being sold separately or land was being divided. In that case you would need permission from land owner. Similar if you wanted a second house, or even a house.

https://www.boards.ie/discussion/comment/118445381#Comment_118445381

Ya I am. I did not complain by the way.

Common law is as clear as mud. Most rulings are made at Circuit court level and many ruling vary.

The point I made about maintenance of a ROW is my understanding. Maybe where there is a sole ROW it falls to the user. However where there is multiple users that would not be the case. In essence in most cases the users maintain it together. I have seen owners insist that is they who can only maintain a ROW ( there seems to be a fear that allowing other may infer rights).

I remember going to a utility site once where there was a road going through farmland and that had to be maintained by the farmer. It was above in Wicklow. That site was owned by the utility as opposed to rented. There may have been a rent for maintainance of the road but I remember a few sites like that.

On land registery I came heard of a dispute over the impact of non registeration of land. There was multiple utility sites on this mountain farm most on lease. There was a question mark whether it was once commonage. It seemed one farmer owned the whole lot but never transferred it into his name.

A few of the utilities stopped paying. He tried and failed to block access. I am not sure how it ended but it was going on for a while

Hard Knocks

https://www.boards.ie/discussion/comment/118447197#Comment_118447197

Heard of a few instances where farmer paid solicitor when parents left land to them, but never realized they had to pay again after to get it in their name

Bass Reeves

https://www.boards.ie/discussion/comment/118447668#Comment_118447668

Land should be transferred into there name by the solicitors doing the will. Where the problem happens AFAIK is where the farm.id large and where inheritance tax was not paid previously.

If you check a couple of large landholdings locally I bet there is a few unregistered.

First thing anyone who's buying or been left land should do is order and check all of the folio's and maps, yourself. Check them and check them again, and ensure everything stacks up as it should between what's on paper and what's on the ground. Lots of "Gentlemens agreements" and dodgy solicitor work has been done in the past. It get's messy, but better to sort something out now than leave it to the next generation OR have someone else force your hand at a time that doesn't suit you.

Hard Knocks

https://www.boards.ie/discussion/comment/118447703#Comment_118447703

Recently yes, but for a time it was signed to the young farmer but still the parents for their day, which meant the young farmer had to pay the solicitor again to get completely in the young farmers name.

Bass Reeves

https://www.boards.ie/discussion/comment/118447844#Comment_118447844

That was mostly either a solicitor acting the mick or people not understanding the process. Even at present if parents are gifting a farm to a child both have to hire separate solicitors.

It is usually not the solicitor fees that are an issue but inheritance tax. At this stage it is only historical ones that are an issue as CAT may be owed on historical transactions.

vincenzolorenzo

https://www.boards.ie/discussion/comment/118441363#Comment_118441363

Its written into the legislation that if a landowner challenges a water main going in their land they can object but the max compensation is €0. I think the same applies to either gas or electricity but outside of that all other services should have legal agreement with the landowner. Can get very complicated for a service running along a road where every house owns to the centre

Bass Reeves

https://www.boards.ie/discussion/comment/118456463#Comment_118456463

Such a road would generally be a public road so it's off the council the wayleave is sought. On private roads nobody should get to the middle of the road with a site. As well it might be a service you require one day. Providers just walk away from hassle. When Eir was doing fibre to the Kerb Offaly Co Council want to charge them for the footprint for there roadside cabinets. They just walked away. Businesses got onto the Co Councils and it was sorted. It the same story with NBI now some LA are trying to charge for new poles. It drops the projects to the back of the list

vincenzolorenzo

Is anyone familiar with landdirect.ie? Went to have a look there and most folios around me have the red shading that you can click on and buy the folio but neighbouring farm doesn't. Does that mean it wasn't registered? The current owner bought it back in the 90s

Tileman

That would be unusual if there was a transaction in the 90,s.

yea it should say on the right hand side of the screen that it is not registered and to check the registers of deeds or words to that affect. Same here one field if a neighbours farm is like that and all the rest of the farm is registered.

MIKEKC

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

I didn't realise you wanted it registered.Obviously safer, but you still couldn't be stopped using it