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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10109
Experience:  Barrister 17 years experience
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we own a private right of way that goes with the house we own.The

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we own a private right of way .What i need to t know is can we stop the public from using our private right of way?my phone number is XXXXX /p>

Buachaill :

1. I regret to say that it is the owner of the land over which the right of way passes who has the right to tell members of the public that they cannot use the right of way over the land. A private right of way is only an easement, which gives the right to pass and repass. However, an easement is not exclusive, in that it does not give the holder of the easement the right to prevent other persons passing or repassing over the same right of way. That ability to determine who can use the private right of way continues to vest in the landowner who owns the land over which the right of way runs. In practical application, this means that the landowner of the land over which the right of way runs can grant a similar right of way to other people, or permit others to use the right of way for their own purposes, so long as this is consistent with the use of the land. An easement or right of way is a very limited right and does not give a right to exclude others from the land on which it runs. Accordingly, your sign on the right of way is of very dubious legality.

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