Rights of Way in Ireland: What You Need to Know (2026)

Last updated 9 October 2026. General information only, not legal advice.

Rights of way are one of the most common sources of property disputes in Ireland. Whether it is a neighbour claiming a right to cross your land, a dispute about access to a laneway, or uncertainty about whether a public right of way exists over your property, understanding how rights of way work under Irish law is essential for any property owner. This guide explains the key principles.

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 (available to all members of the public) or a private right of way (available only to specified persons or the owner of a particular property).

Private Rights of Way

A private right of way (also called an easement) gives the owner of one property (the dominant tenement) the right to cross another property (the servient tenement). Common examples include: the right to use a laneway to access a property not fronting a public road; the right to pass across a neighbour’s yard to access a rear entrance; and agricultural access rights across neighbouring farmland. Private rights of way are usually created by: express grant (written in the title deeds), implied grant (arising from the circumstances of a property transaction), long use/prescription (12 years of use as of right, or 30 years against State land), or necessity (where a property would otherwise be landlocked).

Claiming a Right of Way by Long Use

Under section 33 of the Land and Conveyancing Law Reform Act 2009, the “relevant user period” for a prescriptive easement is a minimum of 12 years, or 30 years where the land belongs to the State (a Minister of the Government or the Commissioners of Public Works), and 60 years for foreshore. “User as of right” means use without force, without secrecy and without the oral or written consent of the landowner.

Under section 35 of the same Act, an easement is acquired by prescription only when a court order is registered in the Registry of Deeds or the Land Registry. For how long-term occupation claims work for land itself, see our guide to Land Registry disputes and adverse possession.

Public Rights of Way

A public right of way gives the public the right to pass along a defined route. Public rights of way in Ireland are recorded on the Register of Public Rights of Way maintained by local authorities. They can be created by dedication and acceptance, by statute, or by long use. Interference with a public right of way is a public nuisance and can be reported to the local authority.

How a Local Authority Creates a Public Right of Way

Under section 206 of the Planning and Development Act 2000, a planning authority can create a public right of way by agreement with a person able to dedicate the land. Under section 207 it can make an order by resolution. It must first serve notice on the landowner, occupier and others affected, publish a newspaper notice with a map of the route, and allow at least six weeks for submissions. Anyone notified can appeal against the order within four weeks. Particulars of rights of way created this way are entered in the register. Check the current position with your local authority, as the 2000 Act provisions are due to be replaced when the Planning and Development Act 2024 is fully commenced.

Disputes Over Rights of Way

Common right of way disputes include: a landowner blocking or obstructing an alleged right of way; a party claiming a right of way exists where the landowner disputes it; disputes about the extent or precise route of a right of way; and claims that a right of way has been abandoned. These disputes typically turn on the evidence available — title documents, ordnance survey maps, aerial photography, and witness evidence of historic use.

Extinguishment of Rights of Way

A private right of way can be extinguished by: express agreement between the parties; merger of the dominant and servient tenements under the same owner; abandonment (non-use alone is generally insufficient — there must be an intention to abandon); or statutory acquisition by a public authority.

Have a right of way dispute? This site is not a solicitor’s practice and does not give legal advice. You can find a regulated property solicitor through the Law Society of Ireland’s Find a Solicitor directory, or join our no-fee solicitor service waiting list. Also see our boundary disputes guide and conveyancing service.

Frequently asked questions

How long do you have to use a path before it becomes a right of way?

For a private right of way, the minimum period under the Land and Conveyancing Law Reform Act 2009 is 12 years of use as of right, or 30 years where the land is State-owned. The right is acquired only when a court order is registered, so long use alone does not complete the claim.

Does permission from the landowner count as use as of right?

No. Use with the landowner’s oral or written consent is not use “as of right”, so it will not count towards the user period.

Where can I find out if a public right of way exists over land?

Ask the local authority for the area. Rights of way created by a planning authority under the Planning and Development Act 2000 are entered in a register, and a solicitor can also check title documents and maps for you.

Can I ask a court to decide a right of way dispute?

Yes. In an action to establish or dispute a prescriptive easement, the court can declare that the right exists if the relevant user period ran up to the start of the action. A regulated solicitor can advise on the right court and next steps. For the property transaction side, see our conveyancing guide.

This article is for informational purposes only and does not constitute legal advice.