Dáil Éireann Debate, Tuesday - 16 April 2013
888. Deputy Jim Daly asked the Minister for Justice and Equality the number of applications for right of way made to the Property Registration Authority for each of the past five years; if he is satisfied with the timeframe for processing these applications; and if he will make a statement on the matter. [16384/13]
View answerRights of way can be created either through grant by deed between the owner of the subject land and the owner of the land intended to benefit from the right, or alternatively a right of way can be shown to have been acquired by prescription. Prescription is the acquisition of such rights by the user as of right over a substantial period of time.
Applications for registration of a Deed of Grant of Right of Way
The number of applications for the registration of rights of way (granted by separate deed of grant by the registered owner) received by the Property Registration Authority in each of the past five years is set out hereunder:
|
Year |
No. of Right of Way applications lodged |
|
2008 |
693 |
|
2009 |
742 |
|
2010 |
784 |
|
2011 |
931 |
|
2012 |
995 |
|
Total |
4145 |
It can be seen that there has been a gradual increase in the number of such applications lodged between 2008 and 2012. Of the 4,145 cases lodged in this period, 27% have not been completed as replies are awaited to queries raised with the lodging party, or the applications are associated with an earlier application which is under query. I am advised by the Property Registration Authority that the average processing time for such rights is 12 to 15 months although many applications will be completed within a shorter timeframe. If a case is urgent and this is brought to the attention of the Authority, the matter will be dealt with expeditiously.
Applications for Registration of Easements by Prescription
|
Year |
No. of applications lodged for registration of easements/profits a prendre |
|
2011 |
28 |
|
2012 |
431 |
|
Total |
459 |
These are complex applications that require a full case to be made by the applicant for the right to be registered in his/her favour. Certain proofs are required and notices must be served on all interested parties. It must be established in each case, prior to the application being approved for registration, that the right does lie in prescription and is not a right being exercised by express consent or is not a public right, customary right or right of necessity. The Property Registration Authority must be satisfied that the claim is not disputed. In view of these complexities, the fact that these are new cases and the necessity to consider each case on its own individual merits, it is not possible to give an average processing time for such applications. However, I am advised that the Authority is continuing to reduce the number of cases on hand and is confident that this will lead to improved turnaround times for all types of applications, including general rights of way.
