What to do to avoid losing your Right of Way

 

What is A Right of Way?

It arises when you must pass over a piece of land owned by someone else to access your own land.

A Right of Way can be established by long use. Previously you had to prove continuous use for a period of 20 years. However, under the Law and Conveyancing Reform Act 2009 a person can claim a right of way if they can prove continuous use for 12 years.

A Right of Way can also be established by Agreement. The parties may agree that a Right of Way needs to be created. If a right of way is being created by deed or agreement the parties to the agreement may include conditions in the agreement for the use of the right of way.  Once the right of way is agreed and recorded in writing it is usually registered.

How do you register a Right of Way?

To claim a Right of Way, you must swear an Affidavit which sets out all details in relation to the Right of Way. A Land Registry compliant map must also accompany the Affidavit identifying the right of way. These are then submitted to the Property Registration Authority.
The PRA will then notify the owner of the other property concerned and, once the application is not contested, the right will be registered.

If the right of way is contested, an application will have to be made to Court and the Court will decide if a Right of Way exists. If a Court Declares that the Right of Way does exist, you can then register this in the Property Registration Authority.

Changes to Registering a Right of Way

If you access your property by using a right of way over another person’s land you need to make sure that that right of way is registered with the Property Registration Authority (PRA).
The Civil Law (Miscellaneous Provisions) Act 2011 extended the deadline for registration until the 30th November 2021.
After the 30th November 2021 you will not be able to register the right of way in the Property Registration Authority without first applying to Court.