I own a lane, neighbour has ROW over it. Can he park on it? Can I park on it?

D

dingdong

Registered User
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85
Hi

Can someone answer a question on right of way on a lane i own. My neighbour has right of way over it.

Am i correct in stating:
1.The neighbour can only move across the ROW , but NOT park on it.

2. As i own the lane , i can park on it , as long as i do not obstruct access.

Please someone who knows the legal please clarify.
Thanks
 
Assuming you both have ROW over the entire lane, I'm not sure whether or not either of you can obstruct the others right.
However if it is merely a right to pass from point "A" to point "B" over the laneway then you may be entitled to park.

I have sworn declarations for solicitors for the benefits of purchasers in housing estates not taken in charge.
They went from point "A" to point "B" over the "public" road, where other road users could park cars.

It think it may be more restrictive on you if they also have a right to pass services under the land.
This kind of lease may come with a term allowing unfettered access to lay and maintain same.

I think you need the advice of an experienced conveyancing solicitor on this one.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
What does it say in the title documents with respect to the ROW?

This leaflet [broken link removed] is informative with respect to ROW's and other Easements such as a way leave to lay a water main or other utility in your land.

RIGHTS OF WAY
A right of way is an entitlement to pass and repass over the
property of another and is the most common type of
Easement. Specifically, the right may dictate over what piece
of ground the right shall be conferred, whether this right to
pass shall be restricted to certain persons, the manner in
which the passing may take place i.e. by foot /vehicular
access/ by animals etc. or indeed whether the person on
whom the right is conferred shall be subject to certain
conditions and obligations in relation to the right of way such
as an obligation to repair and maintain.
Click to expand...

In general I think both your statements are correct.

Your neighbour is free to pass and repass over the lane but is not free to park or other wise enjoy your property (ie grazing his animals etc).

You on the other hand are free to enjoy your property by parking on it ect so long as you don't interfere with your neighbours ROW by blocking passage.

I would agree with ONG above but would add that in Rural Ireland such issues are often very contentious. In such cases a good sensible rural base solicitor can be invaluable.
 
1. Entitlement to a right of way does not include a right to park on it - just to pass and repass along it.

2. The owner of the laneway may be entitled to park on it, as long as (s)he does not obstruct the right of way. I say "may" because there may be some restriction on such parking in title deeds or in planning permission conditions.
 
neighbour parking on my lane

Hi

just to continue above , neighbour only has right of way with long use 25 years, i own it on my deeds. He is parking his car on it, which i am not happy about. He will not listen to me, how can i stop him continuing do this.

What is the legal route? , how sucessfull is this , how much will it cost?
 
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