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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10110
Experience:  Barrister 17 years experience
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My mum has a house and land where there are 2 separate rights

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My mum has a house and land where there are 2 separate rights of way for neighbours to come up and down the boitrin (little driveway). Both have caused extreme distress to her over the years and ending up in court with one of them and the other solicitors letters. Is there any way to stop this harrasment.

Buachaill :

1. The law relating to rights of way is changing this year so that in future if a right of way is not registered on a folio of registered land, then it is no longer valid. Accordingly, if this is registered land and these two separate rights of way are not registered this year, they will cease to be valid. Accordingly, you should check if you are dealing with registered land and if the two rights of way have been previously registered as burdens on the Folio(s) over which they run. Be aware that this rule of law does not apply to unregistered land. Secondly, if the neighbour is harassing her on either side, she can take out an injunction preventing the harassment. Harassment is a civil wrong or tort and is a criminal offence under the Criminal Law Act 1997. So your mother can make a complaint to the Gardai and take out an injunction should any harassment occur. However, if your Mum wishes to stop use of the right(s) of way, she will have to buy out the right from the persons who may exercise it. Provided a right of way is not abandoned by over 20 years non-user, it cannot be lost but transfers with the land in whose favour it runs.

Buachaill :

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