Dáil Éireann Debate, Thursday - 19 June 2014
147. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to review the conveyancing laws regarding the legal requirement to acquire the written permission from those persons who share a lane or road, before a person can sell a site with access onto that lane or road. [26430/14]
View answerI assume that the Deputy is referring to statutory provisions governing the registration of easements such as rights of way over land as set out in the Land and Conveyancing Law Reform Act 2009 and the Civil Law (Miscellaneous Provisions) Act 2011.
The position is that Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way, based on earlier recommendations of the Law Reform Commission. Section 35 of the 2009 Act, which entered into operation on 1 December 2009, contains specific provisions in respect of easements acquired by prescription, i.e. acquired on the basis of long enjoyment of the easement concerned. It originally provided that such an easement would be acquired at law only on registration in the Land Registry or the Registry of Deeds of a court order under that section.
Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 contain amendments to the 2009 Act and the Registration of Title Act 1964 which simplify the procedures for acquiring easements based on prescription. These amendments permit the Property Registration Authority to register such easements without a court order under section 35 of the 2009 Act where the Authority is satisfied that there is an entitlement to it. However, where the Authority is not satisfied that there is such an entitlement, e.g. where there is disagreement as to its existence between the parties concerned, a court order under section 35 of the 2009 will continue to be required. This is similar to the procedure which applies in respect of applications for registration of title based on adverse possession of the land.
The updated rules applicable to the new arrangements are set out in the Land Registration Rules 2012 (S.I. No. 483 of 2012) and 2013 (S.I. No. 389 of 2013) which are available on the Authority's web site (www.prai.ie).
I have no plans at present to make any further amendments to the law in relation to easements as set out in Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964.
