right of way access

right of way access

Postby lord noel » Sun Jul 23, 2006 3:42 am

from lord noel
I own a small strip of land over which a farmer has access to a field which is part of his farm.
if the farmer applies for planning permission in that field can he use the right of way as an enterance
to the proposed house.Would the spirit of the right of way be changed i.e from a wheat field to a
property?
lord noel
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Re: right of way access

Postby PVC King » Sun Jul 23, 2006 4:08 pm

One for the planning matters forum;

There is no clear answer to this without having a solicitor examine both sets of title documents but the answer would be based upon firstly if the percieved 'right of way is registered on your title deeds or land folio and secondly if it is registered what right of way actually exists i.e. is it the right to escourt livestock and animals accross a grass field or boreen or is it a proper laneway with the right to move carts, carriages and or motor propelled vehicles.

If the passage in question is not surfaced and is not registered it would probably be very difficult for the farmer to claim an upgrade to drive the vehicles necessary to run a rural commuting residence.
PVC King
 

Re: right of way access

Postby hutton » Sun Jul 23, 2006 4:23 pm

Thomond Park wrote: a rural commuting residence


Rofl :D I love it...Where did get that description from, TP, its excellent! Says what it does on the tin, unlike the more innocuious "one-off" description :D

Maybe from now on such units can be refferred to as "Singular Rural Commuting Residence" - or SRCRs for short:p
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Re: right of way access

Postby PVC King » Sun Jul 23, 2006 6:00 pm

hutton wrote:Rofl :D I love it...Where did get that description from, TP, its excellent! Says what it does on the tin, unlike the more innocuious "one-off" description :D

Maybe from now on such units can be refferred to as "Singular Rural Commuting Residence" - or SRCRs for short:p


It just seemed an appropriate description for what Lord Noel may have on his doorstep; PP granted and site sold to a couple with 2.3 kids from Dublin, Cork, Limerick or Galway where dad leaves at 0645 to beat the traffic opening both sets of gates and slamming each one as he is in a hurry.

Followed by mum at 0815 driving the kids off to school before heading into the office in the local town repeated at 1715 as mum picks up the kids from the local childminder who lives in a terraced Victorian House in the town and whose own children grew up 20 years ago and are in Boston with their TCD degrees. Mum is followed home by dad at 1930 who has arrived home after a hard day in the office and is fit for his dinner and bed.

Mum having two roles as tax payer and home maker is too wrecked for social interaction with the charming Lord Noel who derives the gate banging as the only real audio interaction.
PVC King
 

Re: right of way access

Postby lawyer » Tue Jul 25, 2006 6:29 pm

[quote="Thomond Park"]It just seemed an appropriate description for what Lord Noel may have on his doorstep]
Very well written, Thomond Park.
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