Access

Access

Postby stifz » Wed Jul 05, 2006 10:46 am

Hello, Could'nt seem to find similiar threads on the topic so here goes..

looking to buy a house about 200mtrs off the road. Its a small boreen the width of a car and leads to main house 1/5 of a mile down and two other house on the on the boreen also with 2 more houses currently being built. The road is not owned by the council and in order for me to buy the house i need some sort of agreed right of way or access etc. My question is are there differenct ways of doing this.. if i can't get a deed is a written agreement between the main house owner at the end of the boreen enough? OR if its the case that no one owns the boreen whats my situation then?

Any help is greatly appreciated.
stifz
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Re: Access

Postby Bob Dole » Wed Jul 05, 2006 11:09 am

Someone has to own it by definition. But you might not be able to find them.
You have to get agreement with the OWNER of the land, not someone who has a right of way over it - the permission of person in the house at the end of the lane only matters if they are the actual owner.

If it is owned by the person who sold you the site then provided there is no access, then you get a Right of Way through the shortest way to leave the property.

Easements may be gained by use for 20 years (if I remember correctly). So it should be possible to simply use the lane for the next 20 years and hope that noone tells you to stop. (I wouldn't recommend that though)

Talk to your solicitor.
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Re: Access

Postby PVC King » Wed Jul 05, 2006 11:24 am

What was the case in Greystones where a couple purchased a site in 1996 that was in the absence of a right of way landlocked; the landowner of the access route then denied access and their holding was worthless they sued the solicitor for mal-practice subsequently won and were compensated at 1996 values increased in line with the rate of interest paid on the last government bond issued i.e. 3-4% p.a. vs the 15-40% p.a. house price increase.
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Re: Access

Postby stifz » Wed Jul 05, 2006 12:13 pm

thanks guys.. i thought a letter would do from the end house would do but i'm clearly mistaken. I suppose the next question is how do i find out who owns the land?! it divideds the sellers land and another field opposite. I would imagine its been there for years and both land owners believe they own either side of the road up to the hedge boundry.. Even if it's only 200m to the road would you think i'd be mad to go ahead with the sale?!
stifz
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Re: Access

Postby Bob Dole » Wed Jul 05, 2006 12:57 pm

I've dealt with clients who've gone ahead - it's a question of whether or not you can obtain a Right of Way, So no, you're not mad.

If the lane is between two properties. Then it may have a public right of way over it, despite the fact the LA don't look after it. (I mentioned the 20 years necessary to create an easement above). I'm speculating here a bit though.


I'm sure that most experienced conveyancing solicitors have dealt with such matters in the past.

Is there any way of seeing how the owners of the other houses were granted their rights of way?
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Re: Access

Postby stifz » Wed Jul 05, 2006 1:03 pm

Just got word the council own it.. so i suppose that changes things immensly. We need to fit the rural development plan - (which we do) to buy it as its a new house. So if they grant that surely they have to grant us access to and from the property? Would i be right in being relieved? I've spent 4 wks on a roller coaster of yes...buts... and maybe's and it seems to be coming to the end.. I think?!!!
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