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Proposed Legislation

Dáil Éireann Debate, Wednesday - 18 December 2013

Wednesday, 18 December 2013

Ceisteanna (171)

Pádraig MacLochlainn

Ceist:

171. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to review our conveyancing laws in relation to the legal requirement to attain the written permission from those persons who share the lane-road, before a person can sell a site with access onto that lane-road. [54507/13]

Amharc ar fhreagra

Freagraí scríofa

I take it that the Deputy is referring to statutory provisions concerning the registration of easements in the Land and Conveyancing Law Reform Act 2009, as amended by the Civil Law (Miscellaneous Provisions) Act 2011.

The position is that Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission. Section 35 of the Act, which entered into operation on 1 December 2009, contained specific provisions in respect of easements acquired by prescription, i.e. acquired on the basis of long enjoyment of the easement concerned. It originally provided that such an easement would be acquired at law only on registration in the Land Registry or the Registry of Deeds of a court order under that section.

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 which simplify the procedures for acquiring easements based on prescription. The amendments permit the Property Registration Authority (PRA) to register such an easement without a court order under section 35 of the 2009 Act where it is satisfied that there is an entitlement to it. Where the PRA is not satisfied that there is such an entitlement, such as where there is disagreement between the parties concerned, a court order under section 35 of the 2009 will continue to be required. This is similar to the procedure which applies in respect of applications for registration of title based on adverse possession of the land.

The updated rules applicable to the new arrangements are set out in the Land Registration Rules 2012 (S.I. No. 483 of 2012) and 2013 (S.I. No. 389 of 2013) which are available on the PRA web site (www.prai.ie).

I have no plans at present to make further amendments to the law in relation to easements as set out in Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964.

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