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Rights of Way Registration

Dáil Éireann Debate, Tuesday - 12 December 2017

Tuesday, 12 December 2017

Questions (204)

James Lawless

Question:

204. Deputy James Lawless asked the Minister for Justice and Equality the process for registering a right of way; the changes to the process; and if he will make a statement on the matter. [52660/17]

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Written answers (Question to Justice)

I can inform the Deputy that there are two systems of registration in Ireland managed and controlled by the Property Registration Authority (PRA).

Where the property affected by the right of way is unregistered land, the process for registering a deed of Grant of Right of Way is set out in the PRA’s  Practice Direction “Registry of Deeds Procedures” available on the PRA website www.prai.ie.

Where the property affected by the right of way is registered land (i.e. registered in the Land Registry) the process for registering a deed of Grant of Right of Way in the Land Registry is set out in the PRA’s Practice Direction “Burdens – Registration of Burdens” and if an application is made to have the right of way registered as appurtenant to the dominant tenement in the PRA’s Practice Direction “Appurtenant Rights” available on the PRA website www.prai.ie.

The reference in the Deputy's Question to “changes to the process” may refer to rights of way acquired by prescription. Section 35(1) of the Land and Conveyancing Law Reform Act 2009 as amended by section 37(1)(b) of the Civil Law (Miscellaneous Provisions) Act 2011 provided that “An easement or profit à prendre may be acquired at law by prescription – (a) on registration of a court order under this section, or (b) in accordance with section 49A of the Act of 1964”.

PRA practice in relation to rights of way acquired by prescription, in accordance with Section 49A of the Registration of Title Act 1964 as amended [i.e. in relation to registered land], is set out in the PRA Practice Direction “Easements and Profits à Prendre Acquired by Prescription under Section 49A" available on the PRA website  www.prai.ie.

PRA procedure for the registration of a court order under Section 35(1) of the Land and Conveyancing Law Reform Act 2009 as amended in the Registry of Deeds is set out in the PRA Practice Direction “Registry of Deeds Procedures” and in the Land Registry in the PRA Practice Direction “Burdens – Registration of Burdens”.

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