Dáil Éireann Debate, Tuesday - 24 March 2015
511. Deputy Niall Collins asked the Minister for Justice and Equality the process for registration of a right of way on private lands; if a register of rights of way is kept and by whom; and if she will make a statement on the matter. [12009/15]
View answerThe position is that section 69 of the Registration of Title Act 1964 makes provision for the registration of any easement created by express grant or registration following first registration of the land. Moreover, Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 has 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 which are available on the Authority's web site (www.prai.ie).
