Access Issue goes to the High Court
Re: Access Issue goes to the High Court
It's very easy to ascertain whether a right of way on land is public or private, and whether the person granted that ROW has rights to pass it on to others.
Re: Access Issue goes to the High Court
Well fk it I was hoping I wouldn't get called on that. I was asking Dad about it, and that's a part of what he does, so the above is his knowledge imparted as if it were my own, I didn't ask him. But I will and post up.
Re: Access Issue goes to the High Court
A land registry search will define whether the ROW is registered or unregistered. If it's registered, it's plain to see if it's public or private. If it's unregistered, then it becomes a bit more murky, as it'd be the default position of the land owner to simply say "no, it's a private ROW." Look at the likes of Lissadell House, who declared that the ROW on their land was private, even when the roads on it were being serviced by the council, and people were paying in.
If the issue becomes contentious, present land usage comes in to play.
Only the land owner has rights to grant ROW to others, not the person granted the ROW.
If the issue becomes contentious, present land usage comes in to play.
Only the land owner has rights to grant ROW to others, not the person granted the ROW.