Right-of-Way
Right of Way
Do you have a right of way to access any part of your property? Do you access your home by means of a lane way?
A right of way may be granted by deed or other written document or you may have acquired a right of way over the land of another based on continuous use for a period in excess of twenty years. The use must be without secrecy, without force, and, without the permission of the landowner.
The Land and Conveyancing Act came into effect in December 2009 and allowed for a three year grace period to register your right of way acquired under the old law in the Land Registry or the Registry of Deeds. The grace period has since been extended by twelve years to December 2021.
Check if your right of way is registered, this can be established by visiting www.landregistryireland.com.
It is advisable to purchase your folio and the folio of your neighbour to establish what is registered.
What to do if your right of way is not registered?
Use the maps purchased above to agree with your neighbour what needs to be registered.
These maps now need to be drafted in a format acceptable to the Land Registry.
Procedure For Registering Your Right of Way
Step 1: Establish ownership of the property where you need the right of way. Buy the folio and map for your property and your neighbour.
Step 2: Visit the landowner and inform them that you intend to formalise the right of way by registering it with the land registry.
Step 3: Fill out Form 68. The form need to be witnessed.
Step 4: Produce a Land Registry Compliant Map. Land Registry Compliant map, with boundaries and required right of way drawn on: €150.
Step 5: Submit the form and map to the Land Registry.
Step 6: The Land Registry will contact the other land owner, if there is no objection the right of way will be registered.
