The Land and Conveyancing Law Reform Act 2009 provided for a wide-ranging reform and modernisation of land law and conveyancing law. Part 8 of the 2009 Act introduced changes to the law concerning prescriptive easements, including rights of way, based on the recommendations of the Law Reform Commission. The Act provides for a transition from the old law on prescriptive easements to the new law. The transition period is due to come to an end in November.
Stakeholders, including the Law Society of Ireland and the Bar Council, have expressed concerns about problems that will arise from the ending of the transition period.
My officials are engaging on an urgent basis with stakeholders and are seeking the advice of the Attorney General on solutions to avert those problems.
It is likely that an interim solution will require urgent legislation to be enacted before the end of November.