Rights of Way

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Rights of way are notoriously complicated and can give rise to a lot of litigation in the Irish legal system.  The Law relating to rights of way has been vague and evolved over centuries.  This has made it difficult for Solicitors to advise their clients as to the existed creation and longevity of a right of way.

Under the Land and Conveyancing Law Reform Act 2009 certain rights of way must be registered with the Property Registration Authority of Ireland by the 30th November 2021.  The Law Society has raised concerns about that deadline.  The law applies to rights of way created by long usage.  The Law Society has indicated that it has encountered widespread concern about the provisions and it is far reaching implications.  There is particular concern about one off houses in rural areas where residences often rely on rights of way to access their home.