My neighbor blocks my right of way. How do I enforce it under Irish property law?

What the Law Says

Under Irish law, a right of way is an easement—a non-possessory interest granting lawful passage over another’s land. It may arise expressly (by deed or will), by implication (e.g., necessity or common intention on division of land), or by prescription under Section 3 of the Land and Conveyancing Law Reform Act 2009, requiring 20 years’ continuous, as-of-right, unchallenged use. The 2009 Act abolished the old doctrine of lost modern grant and codified prescription rules. Once established, the easement binds successors in title (Section 72, 2009 Act). Courts assess validity using the four classic characteristics from Re Ellenborough Park [1956] QB 131: it must accommodate the dominant tenement, involve different owners, be capable of forming the subject matter of a grant, and be sufficiently certain.

Practical Steps

Begin by reviewing title documents (Registry of Deeds or Land Registry folios) and gathering evidence—photographs, witness statements, maps, and records of historic use (e.g., utility bills, planning applications showing access). Send a formal written notice to your neighbour citing the easement’s basis and requesting immediate cessation of obstruction. If unresolved within 14 days, consult a solicitor to draft a letter before action per the Pre-Action Protocol for Possession Claims (2022). For urgent obstruction (e.g., locked gates preventing essential access), apply ex parte to the Circuit Court for an interim injunction under Order 84, Rules of the Superior Courts. Litigation should be a last resort: the Circuit Court handles claims up to €75,000 (including costs), while complex or high-value disputes proceed to the High Court. Note that delay may prejudice your claim—courts consider acquiescence where obstruction persisted without objection for many years.

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