Right of Way & Easement Advice

Disputes about rights of way and easements are among the most common and contentious property law issues in Ireland. Getting clear legal advice early can save significant time, cost, and neighbour relations.

What Is a Right of Way?

A right of way is a legal right to pass over another person’s land. It can be: a public right of way (open to all), or a private right of way (benefiting a specific property). Rights of way can arise by express grant (in a deed), by implication (from the circumstances of a conveyance), or by long use (prescription — 20 years’ uninterrupted use in Ireland).

What Is an Easement?

An easement is a right that benefits one property (the dominant tenement) over another property (the servient tenement). Common easements include: rights of way, rights to drainage, rights to light, rights to support, and rights to park. Easements can be registered on title or unregistered.

Common Issues a Solicitor Can Advise On

A solicitor would advise on: asserting an existing right of way that is being blocked, defending a claim that a right of way exists over your property, registering an unregistered right of way on title, negotiating and drafting easement agreements, and advising on the implications of a right of way in a property purchase.

Frequently Asked Questions

How do you prove a right of way in Ireland?

A right of way can be proved by: finding it registered on the Land Registry folio, locating it in old title deeds, or establishing 20 years of uninterrupted use (prescriptive right). The solicitor you instruct will advise on the evidence required in your specific case.

Can a right of way be extinguished in Ireland?

A right of way can be extinguished by: express release (a deed between the parties), abandonment (20+ years of non-use), unity of ownership (where the dominant and servient tenements come into the same ownership), or court order. Extinguishment must be registered at the Land Registry.

What is the difference between a right of way and an easement?

A right of way is a type of easement — the right to pass over land. Easements are broader and include rights of drainage, support, light, and others. All rights of way are easements, but not all easements are rights of way.

If you would like to be told when solicitor services are available again on this site, you can join our no-fee waiting list. To instruct a solicitor now, use the Law Society of Ireland’s Find a Solicitor directory.