Brendan Griffin
Question:552. Deputy Brendan Griffin asked the Minister for Justice the current position in relation to the registration of rights of way (details supplied);; and if she will make a statement on the matter. [5888/22]
View answerTuesday, 8 February 2022
Questions (552)
Written answers
In terms of the registration of prescriptive easements (including prescriptive rights of way), I can inform the Deputy that the Land and Conveyancing Law Reform Act 2021 was enacted, and came into operation on 30 November 2021.
The 2021 Act repeals a number of changes to the law on prescriptive easements, under the Land and Conveyancing Law Reform Act 2009, which were due to come into effect on 1 December 2021.
Following the 2021 Act, a person who claims to be entitled to a prescriptive right of way can still apply after that date to register it with the Property Registration Authority of Ireland (PRAI), though there is now no obligation to do so.
The effect of the 2021 Act is that the applicant does not lose the benefit of periods of long use that were acquired before or during the period 2009 to 2021, where no application had been made before the previous deadline of 1 December 2021.
As well as repealing the changes that were due to take effect on 1 December, the 2021 Act also provides that applications to register a prescriptive right that were already pending on 30 November 2021 will continue to be decided as they were before that date.
Both the changes due to come into effect on 1 December, and the 2021 Act, relate only to prescriptive easements (and prescriptive profits à prendre); therefore, they do not affect public rights of way, or rights that are set out in written title deeds.
Any queries on the registration process can be directed to the PRAI, which is under the responsibility of the Minister for Housing, Local Government and Heritage.
The PRAI have issued on their website an updated Practice Direction on the registration of easements acquired by prescription, in light of the Land and Conveyancing Law Reform Act 2021. Please see link below for further information.
www.prai.ie/registration-of-easements-and-profits-a-prendre-acquired-by-prescription-under-section-49a/