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Can I move a right of way in Ireland?

A right of way can usually only be moved with the agreement of the party who benefits from it, formalised in a legal deed, since you cannot unilaterally relocate someone else's legal right of access. Where agreement cannot be reached, the right generally continues along its existing route.

A right of way is a property right belonging to the owner of the dominant land (the land that benefits from it), so the owner of the servient land, over which the route passes, cannot simply move it to a new route without the beneficiary's agreement. Even if the alternative route seems equally convenient, unilaterally diverting a right of way risks a legal dispute.

Where both parties agree to relocate the route, this should be documented formally, typically by a deed of variation or release and re-grant, which is then ideally registered against the relevant folios so future owners are also bound by the new arrangement. Verbal agreements or informal changes on the ground are harder to rely on and can cause problems on a future sale.

If agreement cannot be reached, the existing right of way continues along its original route, and building over or obstructing it without consent could expose the landowner to a legal claim. In some development contexts it may be worth offering an improved alternative route as an incentive to reach agreement, but this remains a negotiation rather than an entitlement.

Steps to relocate a right of way

A safe process for changing the route of a right of way:

  • Identify the legal beneficiary of the existing right of way
  • Propose an alternative route and discuss it with them directly
  • Agree terms, including any works needed to make the new route usable
  • Instruct a solicitor to prepare a deed of variation or release and re-grant
  • Register the change against the relevant Land Registry folios
  • Keep the agreement and updated mapping on file for future reference

If no agreement is reached

Without consent, the original right of way stands, and development plans should be adjusted to respect it rather than assuming a relocation will be accepted, since a beneficiary who refuses cannot be compelled to give up their existing rights except through a court process.

Sources

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

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