The general position concerning the registration of easements acquired by prescription is set out in the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964, as amended by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011.
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. Section 35 of the 2009 Act, as amended by the Civil Law (Miscellaneous Provisions) Act 2011, provides, inter alia, that a right of way which has not been reserved or granted may be acquired by prescription, i.e. acquired on the basis of long enjoyment of the easement concerned, on registration of a court order under that section or in accordance with section 49A of the Registration of Title Act 1964.
Section 49A of the 1964 Act permits the Property Registration Authority (PRA) to register such an easement where it is satisfied that there is an entitlement to the easement concerned. Where, however, the PRA is not satisfied that there is such an entitlement, such as where there is disagreement between the parties concerned, a court order under section 35 of the 2009 Act is required.
Information and detailed rules applicable to the registration of easements 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 PRA website (www.pra.ie).
I should also point out that under the Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order (S.I. 574 of 2017) the functions previously vested in the Minister for Justice and Equality under the Registration of Title Act 1964 have been transferred to the Minister for Housing, Planning and Local Government with effect from 1 January 2018.
