SiteRep

Can you build over a right of way in Ireland?

Generally no, not without the agreement of whoever benefits from the right of way, since building over it would obstruct a legal right the other party is entitled to exercise. In limited cases the right may already have been extinguished, abandoned, or its route redefined by agreement, but this needs to be confirmed rather than assumed.

Building directly over an active right of way is generally not permitted without the consent of the person or property benefiting from it, because doing so would obstruct a right they are legally entitled to exercise. This applies even if you own the land the right of way crosses, since the right is a distinct property interest that limits how you can use that part of your land.

There are narrow exceptions: if a right of way has genuinely been abandoned (which is difficult to establish and usually requires clear evidence of an intention to give it up, not just non-use), or if it has been formally extinguished or varied by deed with the agreement of both parties, building over the former route may then be lawful. Simply not using a right of way for a period does not, on its own, extinguish it.

Before any development that would affect a right of way, the safer course is to identify the beneficiary, discuss the proposal, and, where agreement is reached, record any change in a formal legal document. Acting without agreement risks a legal challenge that could require the structure to be altered or removed, in addition to any planning consequences.

Options if a right of way affects your development

Practical routes to explore where a right of way conflicts with a project:

  • Redesign the development to leave the right of way unobstructed
  • Negotiate a formal deed of release or variation with the beneficiary
  • Provide an agreed alternative route of equivalent convenience
  • Seek legal advice on whether the right may have been abandoned
  • Confirm any agreement in writing and, where relevant, update the Land Registry folio

Risk of proceeding without agreement

Building over a right of way without the beneficiary's consent can result in an injunction requiring removal of the structure and a claim for damages, regardless of whether planning permission was granted, since planning permission does not override private property rights.

Sources

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

Related questions

← Back to all questions