Concerns are relevant over the risk for unnecessary legal proceedings and ill will between neighbours over rights of way if proposed legal changes come into being later this year.
Here, Castleisland based solicitor, Linda Enright outlines the amendments to how we dealt with rights of way traditionally and what changes are coming down the line at us.
Amendments due on November 30th 2021 will require that rights of way are registered before that date.
However, the law society wants a six-year extension for registration. It pointed to lots of problems as a result of the proposed changes including rights of way to homes by means of long use.
Impact on Land Sales and Loans
It also questioned the impact on farmers when selling land and seeking loans in situations where rights of way are a factor.
Plus the delays in completing registrations at the Property Registration Authority have also been highlighted.
Rights Must be Registered
Up to December 1-2009, rights of way acquired over long use like this would generally not be registered, but now — due to the introduction of the Land and Conveyancing Law Reform Act 2009, which commenced on December 1, 2009 — rights of way created by long use must be registered before November 30, 2021.
Take Time to Consult
While users do not lose their right of way if they do not register them before this date, they lose their opportunity to claim their right of way based on their long use and may require a court order or the written consent of a neighbour or neighbours to register that claim.
For further information, take the time to consult with your legal advisors or ourselves, either Linda or Patrick on 066-71 42613 or visit our website and contact us at www.enrightsolicitors.ie
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