Land and Conveyancing Law Reform Act 2009.

Dáil Éireann Debate, Thursday - 1 April 2010

Thursday, 1 April 2010

Questions (114)

Jim O'Keeffe

Question:

114 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns that have been expressed about the operation of the Land and Conveyancing Law Reform Act 2009 in so far as it relates to rights of way and way leaves for water, cables, septic tanks and otherwise, very many of which are unregistered having been acquired by use over a long period and which may be extinguished if not registered or confirmed by Court Order prior to 31 December 2012 resulting in uncertainties and even conflict all over the country; and if he will establish a group to examine the issue and to advise on any appropriate amendment to the Act. [14466/10]

Written answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern)

I am not aware of any concerns in relation to the provisions of section 39 of the Land and Conveyancing Law Reform Act 2009 which deal with the extinguishment of easements. Section 39 provides that, except where it is protected by registration in either the Land Registry or Registry of Deeds, as appropriate, an easement is extinguished on the expiry of a 12-year continuous period during which the beneficiary ('dominant owner') ceases to use or enjoy the easement.