Access Issue goes to the High Court

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J.K.
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Joined:Fri Jul 13, 2007 10:53 am

Re: Access Issue goes to the High Court

Post by J.K. » Wed May 09, 2012 10:53 pm

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.

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Seanie
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Joined:Sat Jun 30, 2007 4:27 pm

Re: Access Issue goes to the High Court

Post by Seanie » Wed May 09, 2012 11:05 pm

How?

J.K.
Posts:93
Joined:Fri Jul 13, 2007 10:53 am

Re: Access Issue goes to the High Court

Post by J.K. » Fri May 11, 2012 1:11 am

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.

J.K.
Posts:93
Joined:Fri Jul 13, 2007 10:53 am

Re: Access Issue goes to the High Court

Post by J.K. » Mon Jun 11, 2012 10:20 pm

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.

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