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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10591
Experience:  Barrister 17 years experience
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i have right of way on adjoining property 9 meters wide. This

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i have right of way on adjoining property 9 meters wide. This property was subsequently cpo'd and there is a new road built on part of it. (I have adjoining lands to the north of the right of way and the local authority provided me with a seperate access point.) The local authority never extinguished the right of way. The owners of the property that i have the right of way on asked me if i would sign a deed to get rid of the right of way. I refused. What is this right of way worth. what are my options? Many Thanks
1. At the outset if you want the right of way valued, then you need to get a valuer or auctioneer to give you a value. Valuing property unseen is not something a lawyer on this website can do. Secondly, the value of the right of way is limited to the person who owns the land in whose favour the right of way runs. Accordingly, you cannot open it up to the whole world but are limited to using it for your benefit and the land in whose favour the right of way is registered. So, without prejudicing a valuation, there will be no great open market value unless you run a business. Unless, for example, a business was started on the property in whose favour the right of way runs. However, the fact that the right of way is a burden on the land over which it runs, makes it extremely valuable to the person who owns that land as it effectively diminishes the value of that land greatly if it has development potential.
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Customer: replied 4 years ago.

I think i need to provide you with more information. The right of way is directly outside the boundary of my house at this boundray a new slip road has been constructed. The right of way prior to the construction of this road was very valuable to me in the sense that i had walking access to my lands at the northern side of the right of way. As there is now a public road on the right of way outside my house and i understand that the land owner would have got compensation for this loss of property the right of way was never extinguished and is still registered on the folio i was approached by the land owner to see if i would relinquish my right of way and refused so aside from the actual value of the right of way should i have also received compensation from the local authority for the loss of right of way or as it was never extinguished if they now choose to extinguish the right of way eventhough i dont own the land on which the right of way stands would i be entitled to something?

2. At the outset, you need to realise that there is no right to compensation where a right of way has not been cancelled. So there was no basis on which the county Council ought to have compensated you when the road was built. However, there is potentially a right to compensation should it be cancelled by the County Council at some point in future. As the right of way, of itself, has not been legally altered by the building of the road, there is no right to compensation as things stand, I regret to say. You can still use the right of way, so in law it has not been affected, as it still exists.
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