Where access to land is by public right of way, it is standard practice in a conveyancing transaction for the solicitor for the purchaser to request that the seller provide a letter from the relevant local authority confirming the existence of a public right of way. The letter of confirmation is provided to the purchaser on closing and is retained with the title deeds. In the event that the purchaser later decides to sell the property, he may seek to rely on the letter.

The High Court recently confirmed that a local authority which negligently issues an inaccurate confirmation letter may be liable to any person who suffers loss as a result. In the particular case before the Court, damages of €150,000 were awarded to a landowner for loss suffered in reliance on a letter issued by Tipperary County Council which negligently stated that a particular road had been taken in charge by the Council.

The Council advanced a number of defences, including that the landowner ought to have known that the particular roadway was not taken in charge given its condition compared to the condition of the adjoining “in charge” roadways. This claim was not successful on the facts of the case. However, there may be circumstances where a court might determine that a party who claims reliance on an inaccurate letter from a local authority ought to have known the true facts, calling into question the link between the letter and any loss suffered. On a purchase of property it is important to be vigilant and to notify your solicitor of any concerns based on knowledge on the ground or otherwise.

Contributed by Tara Rush.
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