The Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way other than public rights of way. Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 contain amendments to the 2009 Act and the Registration of Title Act 1964 respectively which simplify the procedures for registering easements acquired by prescription under the 2009 Act. Rules applicable to the new arrangements are set out in the Land Registration Rules 2011 (S.I. No. 559 of 2011) which have been published on the web site of the Property Registration Authority (www.prai.ie). The procedures to be followed are set out in a Practice Direction entitled ’Registration of Easements and Profits a Prendre acquired by Prescription under Section 49A’ which has also been published on the Authority’s web site.
As regards easements of necessity, the general position is that such an easement may be implied where the enjoyment and use of land would be impossible without such access and its existence is based on the presumed intention of the parties concerned.
