Altering the use of a private right of way.

[TisMeITIs]

Theoretic scenario,

Residential row of houses has a private lane to the rear of the properties, with only 1 entrance to this lane. Old properties, with a non documented private right of way exists whereby all owners can drive down the lane and park outside his/her property, as long as enough room is left for other cars to gain access. Lane has a gate that is rarely closed, but can be if the need arises.

One of the property owners looks to apply for planning to change the residential dwelling to a commercial outlet. The person, plans on using the lane as the primary entrance to the commercial outlet, without the permission of the other private landowners. why not have the entrance to the front of the property?

Can a non-documented private right of way be amended to allow the public use this lane, when the front of the property leads onto public property?

What grounds would be the best in order to lodge an objection to the use of this lane, for any purpose bar the one in existence (residential access). Deliveries etc, insurance for public, lighting, and commercial sign-age and it's positioning are all concerns.

Thanks,
TisMe

 

[j26]

Impossible to answer with a lot more detail, but a few bits do pop out.

You don't own the roadway, merely a right over it. This is probably a prescriptive right under the Prescription Acts.

The neighbour was previously using it in the same way as everyone else, and now wants to change the use. Since this is a new use, it cannot have acquired the status of prescriptive right until it has been used for several years.

The landowner of the roadway is the person with the right to object and stop your neighbour from doing this - as long as your right is not interfered with, you have no grounds for objection.

You could always object on planning grounds.

 

[Guns N Roses]

One of the property owners looks to apply for planning to change the residential dwelling to a commercial outlet.

Check the class of zoning for the area. If it's residential then it's unlikely that they'll be granted permission for a commercial unit. Make a submission to the planning authority to be sure.