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

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 (20 years of uninterrupted use as of right), or necessity (where a property would otherwise be landlocked).

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.

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? Book a 30-minute consultation with one of our property solicitors — early advice is far cheaper than litigation. Also see our boundary disputes guide and conveyancing service.

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