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Can a right of way prevent me building in Ireland?

Yes, a right of way over your land can restrict where and how you build, since you generally cannot obstruct or substantially interfere with a legally established right of way without the other party's agreement. Planning permission can also be refused or conditioned where a proposal would interfere with an existing right of access.

If a right of way legally exists over part of your land, you generally cannot build in a way that blocks, narrows or substantially interferes with the right without the consent of the person who benefits from it, even though you own the underlying land. This is because a right of way is a real property right attached to the other land, not merely a permission that you can withdraw.

From a planning perspective, a local authority assessing an application will usually want to see that legal access to the site, and to any neighbouring property relying on a right of way, is maintained. If a proposal would obstruct a known right of way, this can be a ground for refusal, or the authority may impose conditions requiring the access to be preserved or an alternative agreed.

In some cases it may be possible to negotiate with the person who benefits from the right of way to relocate, narrow or extinguish it by agreement, but this requires their consent and, generally, a formal deed of variation or release; it cannot usually be done unilaterally. Building over or obstructing a right of way without agreement can expose you to a legal claim for an injunction or damages.

What to check before designing around a right of way

Steps to take if a right of way affects your site:

  • Confirm the exact legal route and width of the right of way from the deeds or folio
  • Establish who benefits from it and what it is used for
  • Check whether your proposal would obstruct or narrow the route
  • Discuss any proposed changes with the beneficiary and seek their written agreement
  • Get legal advice before attempting to relocate or extinguish the right
  • Raise the matter with the planning authority at pre-planning stage if relevant

Consequences of ignoring a right of way

Building over an active right of way without agreement can lead to enforcement issues if planning conditions are breached, and separately can result in civil litigation from the party whose access rights are affected, which may require removal of the offending structure.

Sources

Last reviewed 24 August 2026. General information only — not legal or planning advice.

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