more right-of-way questions.

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Gordanus

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A friend is buying a house down the country, the way to which has been a long-standing right of way. It crosses about 5 or 6 landowner's fields. Now that the law requires explicit permission from each landowner, everyone has given permission EXCEPT the last landowner. So he can get to within 20 yards of his house, but would need to pole-vault the last bit.

We suspected that the owner of the field is looking for a few grand for themselves, naturally enough - but the request from the right-of-way holder is regarding the prospective buyer's character.

This seems crazy. What are the options, other than walking away? I'm presuming that there will be an onus on the sellers to inform prospective buyers of this issue in the future - or it there?
 
Lots of options. If your friend doesnt require finance, buy as is. Lack of registration of a ROW does not preclude common law rights to it.

Or... do a s.49A application to the PRAI- ie an application for registration of the ROW based on possession.

Or...make a circuit court application for registration.

Or... talk to the remaining owner of the road, and get agreement perhaps by paying them something.
 
Vanilla said:
Lots of options. If your friend doesnt require finance, buy as is. Lack of registration of a ROW does not preclude common law rights to it. SNIP SNIP
Click to expand...

I was thinking the same thing i.e. right of way has been acquired by use. Two questions arise ;

1. For what period of time would the right of way have to have been exercised to acquire the right ?
2. Does the right of way attach to the owner/occupier of the property for sale or does it attach to the property ?
 
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