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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2206
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I own the land on which my neighbour gains access to their

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I own the land on which my neighbour gains access to their Hall door. It is a narrow path with a gate from the public road. The neighbours have to pass within a 2 t 3 feet of our hall door and front window. Question: Can we restrict access to enter and exit only, they are looking for Full rights and enjoyment of same. They are about to sell the house and are looking for equal rights. Do we have to grant that and are we obliged to sign their solicitors documents.. Thanks for your attention to this in anticipation of a reply.
Most solicitors will be able to deal with this for you. Your neighbours will need to register their right of way if they wish to continue to use it however if they have had long use of the right of way (in excess of 20 years) or it s a right of way by necessity (in that they have no alternative access) they will ultimately get same registered through the courts if you refuse to grant it

However the simply answer to your question is no there is no obligation on you to grant a right of way to your neighbours
Ronan and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 3 years ago.

it is not the only right of way to their house,( they have a back entrance) but they have used the front way in to their hall door for over twenty years to get into the front of their house. We would like to restrict their rights to the front door to Entrance and Exit only not full rights as requested in their proposal

Then presumably you should be able to reach a compromise with them. If you refuse to sign the grant for right of way, they will have to proceed through the courts with significant cost and delay for them. Therefore it is in their interest to keep you happy in relation to this so that you will sign the right of way
Ronan and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for replying Ronan. I'm clear on the issue of right of access through years of custom and practice and have not issue with letting them continue to enter and exit the house for residential purposes and maintenance of their house. However, what I am worried about is that they are seeking full and equal access which to my mind is more than continuance of rights of access. I do not wish them to have any rights on the ground used for access and don't want them to be able to make changes to the garden areas to the outside fixtures and fittings. It seems to me that what I am being asked to sign is more than granting access, it seems if in simple terms am being asked to give them equal access or in other words that they are equal owners of this ground. For example if I wish to clear the ground of all plant matter and concrete it over I don't want to have to consult them.

In such a scenario you need to have your solicitor examine the specific wording they are looking for you to sign and have it reworded
Customer: replied 3 years ago.

thank you Ronan, looks like I am back to square one

Best wishes

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