A look at rights of way and easements in Irish law. Grab a FREE book about buying or selling a residential property in Ireland: https://businessandlegal.ie/property-law-the-landlord-and-letting-property

1. Rights of Way in Ireland
The essentials

2. Easements
An easement is a right over the land of another, which attaches to land
Most common easement? Right of way
Another? Right to have a septic tank on another’s land and the right to come and
go and service it
Another? Right to cut turf

3. Buying or selling property?
If you are buying a house you need to ensure there is legal access to come and
go from the property
If it is rural, it may be accessed by a right of way
This means the road is not taken in charge by the local authority
Is there a right of way?

4. Certificate of title
Solicitor will need to certify title for the purchaser’s lender
No right of way registered will cause a big problem
Lender may not allow purchase to go ahead
Purchaser needs to be prudent and careful, landlocked property is not a good
investment

5. Solution?
3 ways to get a right of way formalised:
1. Deed of grant of right of way
2. Court order
3. Registration with Property Registration Authority (PRA)

6. 1. Deed of grant of right of way
Straightforward
Once the deed is signed by both parties it can be registered with the PRA

7. 2. Court Order
Go to Court and apply
Once (if) order is granted register with PRA

8. 3. Apply to PRA
Detailed and comprehensive application to the Property Registration Authority
PRA will contact affected landowners
No objection?
PRA will register
Objection? PRA will not register-go to Court

9. Prescription required for Court or PRA
You will have to prove that you were a user as of right for a minimum period of
12 years (or 30 years where the servient owner is the State).
A user as of right means use without interruption without force, without secrecy
or without consent of the servient owner.
This is important as it means if you are using the land with oral or written
consent of the servient owner your claim to a right of way will fail.

10. Once right of way is granted
1. Registered it as an appurtenant right on the folio that benefits from the right
of way
2. Registered as a burden on the land over which the right of way runs

11. Time limit for registration?
Land and Conveyancing Law Reform act 2009
Civil Law (Miscellaneous Provisions) Act 2011
You must register the right of way before 1st December, 2021