Registering your Right of Way

Added: Thursday, March 13, 2014

Registering Rights of Way

The Land and Conveyancing Act 2009 as amended by the Civil Law (Miscellaneous Provisions) Act 2011 provides that the deadline for registering  Rights of Way is the
30th November 2021.

It is imperative that persons who use a right of way (i.e. User) ascertains whether this right of way requires registration. If the right of way requires registration and it is not registered by the User the User will be in danger of losing their right to continue to use it.

In order to establish a right of way the User must be able to show a period of twelve years use or more. This new period was introduced by the Land and Conveyancing Act 2009. The User must be able to prove that, not only have they the requisite twelve year period but also that they have been given permission by the land owner. If you have the requisite twelve years the law presumes that you had the permission from the land owner and it will be up to the land owner to rebut this should they so wish.

Rights of way can be registered in two ways;

1. An application to the Property Registration Authority

This can only be used where the registration of the right of way is not in dispute.

The User must by way of a sworn Affidavit set out in detail the precise manner of their use of the right of way. It must also provide the name and address of the land owner over which the right is being claimed and any other relevant information that the User has in their possession. This Affidavit must be accompanied with a suitable map which clearly identifies the right of way and a fee of €25.00.

Once the application is received by the Property Registration Authority they will in turn notify the land owner of the application. This is done so as to enable the land owner to object to its registration should they so wish. If no objection is received by the Property Registration Authority and the Property Registration Authority is satisfied that the Affidavit and map are in order they will then register the right of way.

2. Application to Court

This procedure is used where there is a dispute over the registration of the right of way.

The User must go to court in order to obtain a Declaration from the court that the right of way exists in favour of the User. If the User obtains this Declaration from the Court the User can then apply to the Property Registration Authority to have the right registered as per number 1 set out above. It the User does not obtain this Declaration the right of way will not be registered by the Property Registration Authority.

Contact John Nash Solicitors and arrange an appointment and ascertain whether you are affected by this legislation.