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Rights of Way

Dáil Éireann Debate, Wednesday - 26 January 2022

Wednesday, 26 January 2022

Questions (138)

Gerald Nash

Question:

138. Deputy Ged Nash asked the Minister for Justice if she has plans to or will consider amending the legislation in relation to right of way matters and trespassing laws similar to the scenario raised by a person (details supplied; and if she will make a statement on the matter. [3772/22]

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Written answers

As the Deputy will be aware, following strong concerns expressed by stakeholders, I recently brought to enactment an important reform of the law relating to prescriptive easements, the Land and Conveyancing Law Reform Act 2021. That Act came into operation on 30 November 2021.

It will be appreciated in a civil dispute between private parties, the best course is for the person concerned to obtain professional advice from a legal practitioner in relation to their situation.

While the law on the acquisition of rights of way and other easements and profits a prendre will be reviewed, there are no plans at present to amend the law on civil trespass.

Where the behaviour of a neighbour involves assault or harassment, the matter falls to be considered under criminal law, and the provisions of the Non Fatal Offences Against the Person Act 1997, in particular, apply, and An Garda Síochána can investigate and address the matter as they appear to have done in this case.

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