Right of way

Hi there,
I own a lane way about 500m long. Before the purchase of the lane way and my land there was a right of way for people to access their houses/land. Along the lane way 5 houses have been built. A further site on the laneway has planning permission. I myself own a couple of acres with planning on the lane.
At the end of the lane way a chap has built a house and intends opening up stables livery etc. I do not have a problem with this. My only concern is in relation to insurance implications in relation to people using the lane way to access their property or more importantly riders on horseback using the lane. Before I speak to the landowner regarding my concerns I would greatly appreciate advise/feedback. Many thanks.

Seeing as no has posted a response yet, I'll have a go!

You really need to talk to a solicitor re this. You say that there WAS a right of way for access to houses/land. Then 5 houses have been built. Were these built subsequent to you buying the property? Were the sites sold subsequent to you buying the property? If yes, who gave permission to break into the right of way?

The chap at the end has a right to access his property/land. He may not have a right to opening a business. This is why you need to talk to your solicitor.

You also need to talk to your insurer. Are they aware of the current traffic? if the traffic has increased since you took out the policy, as in more houses being built - are they aware of this?

You shouldn't allow people to build use the lane without permission. They are looking to develop without access. You are well within your rights to refuse access to these new developments or you can ask to be compensated for allowing access.

I agree 100% with Ravima. Get onto your solicitor about this and have everything sorted out legally. Handshakes and informal agreements tend to look weak if there is a legal dispute.

Steven
www.bluewaterfp.ie

DCD said:

Hi there,
I own a lane way about 500m long. Before the purchase of the lane way and my land there was a right of way for people to access their houses/land. Along the lane way 5 houses have been built. A further site on the laneway has planning permission. I myself own a couple of acres with planning on the lane.
At the end of the lane way a chap has built a house and intends opening up stables livery etc. I do not have a problem with this. My only concern is in relation to insurance implications in relation to people using the lane way to access their property or more importantly riders on horseback using the lane. Before I speak to the landowner regarding my concerns I would greatly appreciate advise/feedback. Many thanks.

Click to expand...

The first thing that I would do is to look at your title deeds.

Specifically, I would be looking to see if any rights were attached to your property whereby you are obliged to grant a right of passage over it. These rights are usually attached to the property and tend to be irrevocable (unless in the form of a limited licence).

Secondly, if rights have been attached I would want to know to whom or to what category of persons the right is granted. The original agreement or obligation may have been conceived with the idea of ordinary domestic traffic as distinct from what now looks to be intended commercial traffic.

Who is responsible for the upkeep and maintenance of the drive ?

There are a number of other considerations that follow on from the above but that would be an excursion in to the delights of law of property !!.

I would imagine that an insurance underwriter would be very unhappy to take on this risk. Alternatively, they might take the view that the new situation is not one that they intended to cover as it's new commercial nature is very different from they would have ordinarily expected to cover and they might reject any claim on the grounds of non-disclosure of a material fact. BTW you would need to disclose this new set of facts at renewal to keep yourself in the right with the insurers.

I endorse advice given by others about solicitor's advice as this looks like it could get really messy.

Thanks for replies. My understanding is that rights were attached to the piece of land I purchased to grant a right of passage over it. I need to check out to what category of persons the right is granted.
Before I purchased my property the lane way two houses were already built. Part of the planning conditions for the 3 newer houses built was that they contribute to surfacing the lane way and to the future upkeep of the lane way.
I need to check deeds and consult with solicitor.

Cheers