If you use a right of way to access your land, it is important to register this right now otherwise you risk losing it.
Under the Land and Conveyancing Law Reform Act 2009 all easements and profits à prendres, which includes common rights such as rights of way, rights of light and rights of support, have to be registered with the Land Registry or Registry of Deeds. This is particularly important if you have access to your property or land, or land which is in someone else’s ownership. The earlier you register your use of a right of way the strong your case will be should a dispute arise.
Most land in Ireland is subject to such rights. Typical examples of rights of way include a home owner accessing the rear of a terraced house by a lane way or a farmer accessing his lands through a neighbour’s land.
Often people may not be aware that they have a right of way. In some cases a landowner may wrongly assume that they own a particular piece of land e.g a lane way, where in fact they only enjoy a right of way over it.
If you have the benefit of a right of way or if you are unsure whether you do, it is important that you take steps now to have such rights registered within the next 8 months.
If such rights are not registered, the beneficiary risks losing the right entirely or at the very least not reacquiring it until 2021 at the earliest.
We recommend that every property owner, or person who enjoys rights over the property of another, contact their solicitor immediately. Your solicitor can very easily ensure your rights are protected by running a simple check to (a) establish whether or not you have any such rights, and (b) if you do, whether or not these rights need to be registered.
A simple check now can save a lot of hassle down the road!