A Simple Right of Way Agreement is a fundamental legal instrument in Irish property law, used when one party needs to establish a legal right to cross over another's property. This document is essential in various scenarios, such as accessing landlocked property, sharing driveways, or creating access routes for utilities. The agreement must comply with Irish legislation, particularly the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964. It typically includes detailed plans, usage terms, maintenance obligations, and duration provisions. The document is crucial for property owners, developers, and businesses needing to secure legal access rights while protecting the interests of all parties involved. The agreement should be registered with the Property Registration Authority of Ireland to ensure its enforceability and provide notice to future owners.
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1. Parties: Identifies and defines the Grantor (property owner) and Grantee (beneficiary of the right of way)
2. Background: Explains the context of the agreement, including brief description of the properties involved and the purpose of the right of way
3. Definitions: Defines key terms used in the agreement, including 'Property', 'Right of Way', 'Permitted Use', etc.
4. Grant of Right of Way: Specifies the exact nature and extent of the right of way being granted
5. Terms of Use: Details the permitted uses, access times, and any restrictions on the use of the right of way
6. Maintenance and Repair: Outlines responsibilities for maintaining the right of way and sharing of associated costs
7. Duration and Termination: Specifies whether the right is permanent or temporary, and any termination conditions
8. General Provisions: Standard legal provisions including governing law, entire agreement, and variation requirements
1. Insurance: Required when specific insurance coverage needs to be maintained by either party
2. Vehicle Restrictions: Needed when specific types of vehicles are to be permitted or prohibited
3. Temporary Closure: Include when the grantor needs rights to temporarily close or redirect the right of way
4. Development Rights: Include when future development of either property needs to be addressed
5. Alternative Access: Required when alternative routes need to be specified for certain circumstances
1. Schedule 1 - Plan: Detailed plan or map showing the exact route and dimensions of the right of way
2. Schedule 2 - Property Descriptions: Legal descriptions of both the servient and dominant properties
3. Schedule 3 - Permitted Uses: Detailed list of specific permitted and prohibited uses of the right of way
4. Schedule 4 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities and cost sharing arrangements
5. Appendix A - Photographs: Current photographs of the right of way area and any relevant features
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