Rights of Way

Do you have a right of way to access any part of your property? Do you access your home by means of a lane way?

A right of way may be granted by deed or other written document or you may have acquired a right of way over the land of another based on continuous use for a period in excess of twenty years. The use must be without secrecy, without force, and, without the permission of the landowner.

The Land and Conveyancing Act came into effect in December 2009 and allowed for a three year grace period to register your right of way acquired under the old law in the Land Registry or the Registry of Deeds. The grace period has since been extended by twelve years to December 2021.

What to do if you have been using an uncontested right of way that is not registered?

(a) Apply to the Property Registration Authority using a Form 5A (available on the PRA website) for registration of the right of way;
(b) You will be required to:

(i) Swear usage of the right in an affidavit and provide whatever proofs are available;
(ii) Identify the owner of the land over which the right of way is being claimed;
(iii) Provide an original OSI map or a Land Registry map with the right of way marked on it; and
(iv) Pay a fee of €25 to the Property Registration Authority.

(c) The Property Registration Authority will then notify the landowner and if the application is not contested the right of way will be registered.

What to do if you have been using a contested right of way that is not registered?

(a) Obtain a deed or other written document entered into with the owner(s) of the land over which the right of way exists; or

(b) Apply for and obtain a Court Order declaring the existence of a right of way before 30 November 2021; and

(c) Register the deed or Court Order in the Land Registry or the Registry of Deeds.

If you have established a right of way to access any part of your property by deed or by long use please contact O’Callaghan Kelly to have your right of way registered. It is important to take immediate steps to protect your interest. Failure to do so could result in the right of way being challenged or extinguished over time.

Back to top