The position is that Parts 12 and 13 of the recently-enacted Civil Law (Miscellaneous Provisions) Act 2011, which contain amendments to the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964 respectively, amend the law relating to the acquisition of easements, including rights of way, by prescription. The amendments permit the Property Registration Authority (PRA) to register such an easement without a court order where there is no disagreement between the parties concerning entitlement to the easement concerned. The period during which easements acquired, or in the process of acquisition, prior to 1 December 2009 (the date the 2009 Act came into force) may be registered has also been extended from 3 years to 12 years.
Implementation of the new PRA scheme will require changes in the Land Registration Rules. I understand that the Registration of Deeds and Title Rules Committee will meet soon to make the rules which are necessary to facilitate the scheme.