Dáil Éireann Debate, Tuesday - 6 July 2021
462. Deputy Brendan Smith asked the Minister for Justice if consideration is being given to the recent submission by an organisation (details supplied) requesting a deferral of the deadline of December 2021 in relation to rights of way; and if she will make a statement on the matter. [36484/21]
View answerThe Land and Conveyancing Law Reform Act 2009 provides for fundamental reform and modernisation of land law and conveyancing law and aims to simplify the law and the conveyancing process.
As the Deputy will be aware, this Act contains statutory provisions concerning the registration of easements. Part 8 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission.
The Civil Law (Miscellaneous Provisions) Act 2011 also contains some amendments to this Act in this area. Rights of way can be created either through grant by deed between the owner of the subject land and the owner of the land intended to benefit from the right, or alternatively a right of way can be shown to have been acquired by prescription, which is the acquisition of such rights by the user as of right over a substantial period of time.
My Department has received correspondence on this issue from a number of stakeholders including the detailed submission you have highlighted. My officials have discussed this issue with key stakeholders and are engaged in reviewing the points raised.
