Private license and easement over adjoining property difference

Ballymoon1

I bought a property in Dublin where mu neighbour sold off her half her Back garden along with her neighbour so that

A new house could be built .the adjoining house had access by a lane behind all the houses which was previously

In existence as had all houses .i am unsure if my house had a existing right to the lane

The new owner built in2009 a new house in the garden of both of back gardens

It is claimed that the owner of property that I bought was given a private licence to access the communal lane a distance of 4 metres , that this was a private license for lifetime of owner of my house that on her death it would end

In 2016 the owner of the new property sold the property to a new owner and from 2016 to 2017 the owner of my property continued to use back gate over the 4 metres to communal lane I bought the property in 2017 and because

Of a Lis pendens I actually completed the sale in June 2018

I was denied access to use the back gate which my neighbour claimed was extinguished by the death of owner

Of my house there was no record of these private licenses being registered as is required under 2009 act

I did not understand how a private license between the original owner of new house could be transferred to new owner as private licenses are between individuals whereas easement ( right of way ) can be transferred with the property and that private licenses between individuals are not transferred as that would require a new agreement

My neighbour still disputes my right to go across the 4 metres to the communal lane which my adjoining neighbour

Uses but her right is clearly on her title deeds where my deeds does not show any access

It would be very useful as all garden have to be brought through the house

The neighbour has not put up a fence in front of back gate as I refused too block up the gate

Has anyone got I should do

Mellor

Can you clarify what the question is. The details deem pretty clear, so im not sure what you are asking.

• An easement would have embedding in the title. You seem to understand that, but acknowledge there is no easement.
• A previous owner had a license granted for cross the neighbours property. That license has ended.
• You have not been granted a license.

If those statements are an accurate summary, then it's clear that you have no right of access. And It's not clear on what basis you are claiming that you should have one?
If the subdivision of the gardens also included part of a public lane that adjoined the property. There was a argument that the original owner could have registered a right of way. But they didn't, and the grace period to register has long passed.

A license can be informal, it can be registered, but afaik it doesn't need to be. An informal license can be revoked. The neighbour allowed the license to remain in place after the sale to a new owner. That's their choice, but in no way implies you should receive the same license.

Ballymoon1

when does a right of access become easement if it is used on a continual basis

No record what was arrangement was by its nature that it was in continuous use from 2009

Unti 2018

Mellor

https://www.boards.ie/discussion/comment/122065923#Comment_122065923

A right of access does not becomes an easement after any length of time.
The right of access was provided under the agreed license terms, which no longer exist.