Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 15:

In page 35, line 17, to delete "In" and substitute "Subject to subsection (3), in".

These amendments result from the Committee Stage discussion on the acquisition of easements by means of the doctrine of lost modern grant. As I indicated to the select committee, the reforms contained in the Bill in relation to easements were recommended by the Law Reform Commission. Following a review of the relevant provisions following our select committee discussion, I am proposing to reintroduce an element of flexibility which has been available under the doctrine of the lost modern grant. The proposed new section 35(3) provides that where the required relevant user period was not immediately prior to the proceedings establishing the existence of an easement, the court may nonetheless make an order declaring the existence of the easement, as long as it is satisfied that it is just and equitable, in all the circumstances of the case, to do so. This will permit the courts to have regard to factors such as long use of easement, even if that use has been discontinued prior to the commencement of the action. Allowing courts to make such orders, if they are satisfied that it is just and reasonable to do so, will provide a degree of flexibility in this area.

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