Dáil Éireann Debate, Thursday - 24 November 2016
40. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if she has considered lowering the cost of registering rights of way under the Land and Conveyancing Law Reform Act 2009; and if she will make a statement on the matter. [36605/16]
View answerI can inform the Deputy that a Court Order under Section 35 of the Land and Conveyancing Law Reform Act 2009 declaring the existence of an easement [right of way] acquired by prescription is required to be registered in the Land Registry or Registry of Deeds as appropriate. The prescribed fee for registration in the Land Registry is €40 under the Land Registration (Fees) Order, 2012 (S.I. No. 380 of 2012) which came into operation on 1 December 2012 and in the Registry of Deeds it is €50 under the Registry of Deeds (Fees) Order, 2008 (S.I. No. 51 of 2008) which came into operation on 1 May 2008.
In the case of applications for 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, the fee for an application to register such an easement is prescribed by the Land Registration (Fees) Order 2012 as €130.
There are no plans at this time to make any changes to the costs of registering such rights of way.
