IrelandWhat is a right of way and how is it established?
A right of way is a legal right to pass over another person’s land for access. In Ireland, it can be established by express grant, implication, or long use — but since 1 December 2009, new prescriptive rights of way can no longer be acquired by mere use alone.
What the Law Says
The Land and Conveyancing Law Reform Act 2009 changed how rights of way are established in Ireland — especially ending the creation of new prescriptive rights based solely on long use.
A right of way is a type of easement: a non-possessory right to use someone else’s land for a specific purpose — usually to pass across it to reach your own property. It benefits one piece of land (the 'dominant tenement') and burdens another (the 'servient tenement').
Before 2009, a right of way could be acquired by using the land openly, continuously, and without permission for 12 years — known as a 'prescriptive easement'. But Section 33 of the Land and Conveyancing Law Reform Act 2009 abolished this method for new rights.
Now, a right of way can only be lawfully established in three ways: (1) by express agreement (e.g., written grant in a deed), (2) by implied grant (e.g., when land is divided and access is necessary), or (3) by statutory provision — but not by long use alone after 1 December 2009.
Statutory TextNo right of way or other easement shall be acquired by prescription after the commencement of this section.
— Land and Conveyancing Law Reform Act 2009, s. 33 — Abolition of acquisition of easements by prescription
What to Do
Check your title deeds for any express grant or reservation of a right of way.
If relying on an implied right, confirm whether access is strictly necessary for reasonable enjoyment of your land.
Do not assume long use creates a legal right — post-2009, it does not.
Seek legal advice before building, fencing, or blocking a path claimed as a right of way.
If you need a new right of way, negotiate and formalise it in writing with the landowner.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.