Dáil Éireann Debate, Wednesday - 16 June 2021
215. Deputy Dara Calleary asked the Minister for Justice her views on plans in relation to easements; her further views on the impact on rights of way and other properties of easements; and if she will make a statement on the matter. [32220/21]
Amharc ar fhreagra225. Deputy Denis Naughten asked the Minister for Justice her plans to amend the Land and Conveyancing Law Reform Act 2009 in view of the difficulties created for home owners, particularly in rural locations, in registering rights of way; her plans to further extend section 38 of the Civil Law (Miscellaneous Provisions) Act 2011; her views on the submission made by the Law Society; and if she will make a statement on the matter. [32381/21]
Amharc ar fhreagraI propose to take Questions Nos. 215 and 225 together.
The Land and Conveyancing Law Reform Act 2009 provides for fundamental reform and modernisation of land law and conveyancing law and aims to simplify the law and the conveyancing process.
As the Deputy will be aware, this Act contains statutory provisions concerning the registration of easements. Part 8 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission.
The Civil Law (Miscellaneous Provisions) Act 2011 also contains some amendments to this Act in this area. Rights of way can be created either through grant by deed between the owner of the subject land and the owner of the land intended to benefit from the right, or alternatively a right of way can be shown to have been acquired by prescription, which is the acquisition of such rights by the user as of right over a substantial period of time.
My Department has received correspondence on this issue from a number of stakeholders including a detailed submission in regards easements. My officials are currently in the process of evaluating this submission and have also arranged discussions with key stakeholders to discuss the issue.
