Tuesday, 18 September 2018

Questions (774)

Margaret Murphy O'Mahony


774. Deputy Margaret Murphy O'Mahony asked the Minister for Housing, Planning and Local Government his plans to put a deadline on the registering of traditional seaweed harvesting rights; and if he will make a statement on the matter. [37090/18]

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Written answers (Question to Housing)

The Property Registration Authority can only show legal rights that are burdens on title, within the meaning of Section 69 of the Registration of Title Act 1964, or that are appurtenant to registered lands. Such rights must be created by express Deed of Grant or where the law allows, acquired by prescription. In the case of the right to harvest seaweed, only rights vested by the Land Commission as appurtenant to lands purchased under the Land Purchase Acts have been registered in the Land Registry.

The Property Registration Authority advises any person who wishes to make an application in respect of such a right to first seek professional legal advice. The rights that are capable of registration are set out in the Registration of Deeds and Title Acts 1964 to 2006.

If a claim is being made for registration of a prescriptive right, section 38 of the Land and Conveyancing Law Reform Act 2009 as amended by the Civil Law (Miscellaneous Provisions) Act 2011 applies. A claim can be established up until 30 November 2021. A claimant may not make an application under the law that applied prior to the introduction of the Land and Conveyancing Law Reform Act 2009 after 30 November 2021.

From 1 December 2021, any application would have to be made under the provisions set out in the 2009 Act itself. However, section 33(b)(ii) of the 2009 Act provides for a 60-year limitation period in respect of claims of prescriptive rights to take seaweed.