When a Hidden Right of Way Changed Everything
Siobhan's story from Galway — why thorough legal checks matter before you commit
Siobhan had found the perfect plot of land in Galway. It was exactly what she'd been looking for — the size was right, the location was ideal, and her plans for development felt realistic and exciting. She'd fallen in love with the potential of the place. The estate agent had been helpful, walking her through the property, and everything seemed straightforward. She paid her booking deposit and moved forward with confidence.
Then her solicitor's conveyancing report arrived. Buried in the property title were details of a registered right of way — a legal right that allowed others to cross and use part of her land. This wasn't mentioned by the estate agent. When Siobhan understood what it meant for her development plans, the situation became complicated. The right of way would significantly restrict how she could use the property. Her carefully drawn-up plans no longer worked. The cost and complexity of trying to remove or modify the right of way would be substantial, and there was no guarantee she'd succeed.
Rather than proceed into what would become an expensive and uncertain process, Siobhan made the difficult decision to withdraw from the purchase. Importantly, because the issue had been discovered during the legal checks — before contracts were exchanged — she was able to recover her booking deposit. The property had been accurately registered; it was the disclosure that had failed her. Walking away felt like the right choice for her situation.
In Ireland, all property titles are registered at the Property Registration Authority. Rights of way, easements, and other restrictions on land are legal interests that should be disclosed and registered against the title. When you're buying a house or land, your solicitor searches the Property Register to find these rights. If a right of way exists, it legally binds whoever owns the land — you become responsible for honouring it. Estate agents have a duty to disclose known facts that would affect a buyer's decision, but the official record held by the Property Register is the legal truth. That's why conveyancing searches are so important; they reveal what's actually registered, regardless of what was said during viewings.
Important Time Limits
Before you exchange contracts on a property purchase, you have time to walk away and recover your booking deposit (subject to the terms of your booking agreement). Once contracts are exchanged, you are legally bound to complete the purchase — even if issues are discovered. This is why your solicitor's conveyancing report must be reviewed carefully, and any concerns raised must be addressed, before you exchange. If a title issue is found, you have that window to make your decision. After exchange, your options become far more limited and potentially much more costly.