In order to develop a plot of land, be it agricultural or development land, the plot must have a “satisfactory access”. What is a “satisfactory access” depends on the circumstances, but, it usually means either access onto a public road, or a right of way.

A public road is shown as double dotted lines on the official site plan and it does not have to be made up. An earth road will suffice, but whatever its nature, its width must be no less than 4 meters. If the road, be it public, is not passable, it is out of use/does not exist on the ground, or it does not lead to anywhere – not connected, it has steep topography etc, this is a consideration to have one’s application for development turned down. The 4 meter width is required for individual housing development. If one wishes to develop a large scale project/or one which will attract traffic (e.g. a hotel, hospital etc) the width requirement will be increased. A right of way can be acquired for a long distance, but this is one parameter and securing a building permit is another. So as an example one can secure a right of way over say 2000 mts., but no development will be allowed on the dominant land.

On the other hand a right of way must have a mean width of 12.0 feet and an actual distance of no more than 600 feet from a public road (4 meters wide road etc as above). If the plot is classed as an agrotemachio (an agricultural plot which has resulted from the division of a larger agricultural plot – under certain circumstances) the distance can increase to 1.000 feet. The same right of way can be used by only up to 2 housing units. If more, then the width of a right of way must be increased to around 20 feet and provision of public water supply is also a requirement. Please note that if the property is included within the local plans (not in agricultural zones) the maximum right of way distance is reduced to 330 feet, whereas if it is an agrotemachio to 600 feet. A right of way does not necessarily give you the right to build. The right/access must be passable, in use and of such topography, that it can be actually used by its owner.

Acquiring a right of way is an easy process, but it will take time if the owner of the servient land (the land which provides the right) wants to be difficult. The filing of a single form signed by the servient land owner and dominant land (applicant who wants the right of way) with the Lands Office will suffice to have the right so registered on the title deed of the dominant land. If the servient land is mortgaged, then the servient land owner must obtain the approval of the mortgagor. Anyone who has no satisfactory access, can apply to the Lands Office (or directly to the servient owners) to have the right. If the servient or the dominant land owner objects, either on the route, or on the compensation fixed by the Lands Office, either party can apply to the court to decide. The law requires that the right of way (if so fixed by the Lands Office) must be the shortest and most practical route, minimizing the servient’s land damage. So, if one objects to the route as this is decided by the Lands Office, he must indicate to the Court/Lands Office an alternative one. Compensation is usually set at 50% of the right of way extent in terms of freehold value. So if the land over which the right of way is sought has a freehold value of €100/sq.m. and the total extent of the right is 100 sq.mts., then the compensation is €10.000. In addition, if the right of way causes damage to the servient property, this must also be covered by the dominant land – e.g. if there is a house built on the servient land and the passage causes reduction in privacy and/or causes reduction of its value, or if the servient land is small and thus passing traffic will reduce its value, this must be compensated in addition. So more likely that not budget for the 100% land value, plus “something” in addition when you buy your way around the court proceeding. Bearing in mind that for the servient land, the right of way extent is not lost in terms of building density etc. So the damage is calculated on the amenity value/injurious affection caused.

So and for budget purposes, you should adopt (+)100% of the freehold’s value. You do appreciate that if one of the parties wants to be difficult, from a simple procedure, it can be elongated to 1-4 years court case. As such if it is a matter of price/compensation, we would suggest that you pay for it, since in any case a plot of land with an access (access with a right of way) is worth much more in terms of increase in value, as oppose to the actual compensation required.

If you are buying a plot without access, ask the existing owner to undertake the securing of a right of way (if you can). You will most probably pay more, but especially if you are in a hurry to build, this is a major consideration.

Having said all the above, access or not, you must bear in mind the local town planning zoning, whether you are allowed to build or not and if yes, the two (zones/ access) are quite separate considerations.

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