Dáil Éireann Debate, Thursday - 14 April 2016
266. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a person (details supplied) in County Kerry who has to register uncontested rights of way; and if she will make a statement on the matter. [6683/16]
View answerI am advised by the Property Registration Authority (PRA) that based on the information supplied, the case in question would appear to relate to a potential registration of an easement [right of way] acquired by prescription under Section 49A of the Registration of Title Act 1964 as inserted by Section 41 of the Civil Law (Miscellaneous Provisions) Act 2011.
Rule 46 of the Land Registration Rules 2012, as amended by the Land Registration Rules 2013, provides that an application under Section 49A may be made in Form 68 of the said Rules. Alternatively an application can be made to court under Section 35 of the Land and Conveyancing Law Reform Act 2016.
The PRA’s practice in relation to such an application and in relation to the mapping of same is set out in its practice directions “Easements and Profits à Prendre Acquired by Prescription under Section 49A” and “Mapping Practice” available on the PRA website www.prai.ie.
The PRA fee for an application to register such an easement is prescribed by the Land Registration (Fees) Order 2012 as €130 and is not dependent on the number of folios that comprise the servient tenement (i.e. the land over which the easement exists).
