We here at Adrian Hassett Auctioneers believe that buyers should pay close attention to access arrangements when purchasing a rural or suburban property. A home may appear to offer privacy, space and an attractive setting, but rights of way can have an important bearing on how the property is accessed, how surrounding land is used and what responsibilities may come with ownership. Understanding these arrangements before making an offer can help buyers avoid surprises later in the purchasing process.
A right of way is a legal right allowing one person or property owner to pass over land belonging to someone else. Rights of way are common in rural Ireland, where driveways, laneways and access routes may serve several homes, farms or fields. They can also arise in suburban areas, particularly where properties share entrances, private roads or rear access routes.
1. Establish Exactly How the Property Is Accessed
The first question buyers should ask is whether access to the property is direct from a public road or depends on a private laneway or shared route.
A property may be accessed through:
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A privately owned lane
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A shared driveway
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A neighbouring property
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A farm road
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A management company-maintained road
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A right of way across adjoining land
Buyers should establish who owns the access route and whether the property has a formal legal right to use it. It is important not to assume that longstanding use automatically means the access arrangements are straightforward.
The title documents and legal paperwork should clearly establish the nature of the access rights. A solicitor can review the relevant documentation and advise whether the right of way is properly recorded and sufficient for the property’s intended use.
2. Understand Who Can Use the Right of Way
Rights of way are not always exclusive. In many cases, the route may be used by several parties, including neighbouring homeowners, farmers, agricultural machinery, walkers or other authorised users.
Buyers should ask:
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Who has the right to use the route?
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Is the right of way shared with neighbouring properties?
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Can agricultural vehicles use it?
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Is it used to access fields or outbuildings?
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Are there restrictions on when or how it can be used?
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Is the route likely to become busier in the future?
A rural property may offer peace and privacy, but a shared laneway used by farm machinery could have more activity than a buyer expects. Similarly, a suburban property with a shared entrance may involve regular vehicle or pedestrian movements.
The practical impact depends on the location, width and purpose of the access route.
3. Check Maintenance and Repair Responsibilities
One of the most important issues associated with shared access is who is responsible for maintaining it.
Private roads and laneways can require regular work, particularly after periods of heavy rain, flooding, frost or agricultural use. Buyers should establish whether maintenance is the responsibility of one owner, shared between several users or managed through a formal agreement.
Questions to consider include:
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Who repairs potholes and surface damage?
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Who maintains drainage?
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Are maintenance costs shared?
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Is there a written maintenance agreement?
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Have there been disputes about repair costs?
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Is the route suitable for emergency vehicles and deliveries?
Even a short private laneway can become expensive to maintain if several properties depend on it. Buyers should understand their likely obligations before committing to the purchase.
4. Consider the Width, Condition and Practical Use of the Route
A legal right of way may exist, but buyers should also assess whether the route is practical for everyday use.
During a viewing, consider:
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Is the lane wide enough for modern vehicles?
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Can two cars pass safely?
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Is there adequate turning space?
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Is the surface suitable in winter?
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Does the route become muddy or flooded?
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Can delivery vans access the property?
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Would emergency services be able to reach the house?
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Is access affected by gates or locked entrances?
This is particularly important for rural properties where access may involve narrow lanes, steep gradients, bridges or shared gates.
A buyer should also establish whether the right of way permits all necessary forms of access, including vehicles, deliveries, construction equipment and emergency access. A pedestrian right of way, for example, would not necessarily provide the same rights as a vehicular access route.
5. Look at Future Changes and Potential Disputes
Rights of way can sometimes become the source of disagreements between property owners, particularly where access routes are blocked, altered, widened or used in ways that were not originally anticipated.
Buyers should ask whether there have been any disputes concerning:
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Blocked or obstructed access
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Maintenance contributions
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Parking on the right of way
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Gates or barriers
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Changes to the route
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Increased traffic
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Development of adjoining land
It is also worth considering whether nearby land could be developed or change use in the future. A quiet laneway today may experience more traffic if additional homes, agricultural facilities or commercial uses are introduced nearby.
The buyer’s solicitor should investigate the legal position and identify any restrictions, covenants or registered rights that may affect the property.
Legal Rights and Practical Reality Both Matter
When purchasing a property with a right of way, buyers need to understand both the legal arrangements and the practical experience of using the route. A right of way that appears straightforward on paper may still involve maintenance costs, shared access or limitations that affect everyday living.
Buyers should never rely solely on verbal assurances from a seller or assume that an informal arrangement will continue without issue. The legal documentation should be reviewed carefully, and any concerns should be raised before contracts are signed.
For rural and suburban properties, access is a fundamental part of ownership. Establishing who can use the route, who maintains it and whether it meets the buyer’s needs can help ensure that the property remains convenient and suitable long after the purchase is complete.
If you would like to discuss buying or selling a property, contact us on 0871303206 or email sales@adrianhassett.com or visit adrianhassett.com.
Disclaimer: This article is based on publicly available information and is intended for general guidance only. While every effort has been made to ensure accuracy at the time of publication, details may change and errors may occur. This content does not constitute financial, legal or professional advice. Readers should seek appropriate professional guidance before making decisions. Neither the publisher nor the authors accept liability for any loss arising from reliance on this material.
