Patricia Ryan (Kildare South, Sinn Fein) | Oireachtas source

The Land and Conveyancing Reform Law Reform Act 2009 was a significant modernising law, which brought our land law into the 21st century. It repealed 150 pre-1922 Acts, including one from 1285. However, there was a serious flaw in the 2009 Act relating to transitional arrangements on easements. It was amended by the Civil Law (Miscellaneous Provisions) Act 2011. The 2011 Act extended the period within which prescriptive easements required under the old law could be registered for a further nine years. I hope the new Bill will simplify the process for registering rights of way. The current law means that, in some cases, complex legal procedures must be undertaken to establish proper rights of way. This can lead to unnecessary expense as well as delays in progressing sales of land and homes.

There are issues with mortgages where banks have asked for proof of access rights that are onerous for property owners to provide. Rights of way are essential particularly, although not exclusively, in rural areas and must be protected. For homeowners they can often allow access to a home by foot or by car. For farmers they can affect access, drainage and many other issues relating to farming. Failure to address this issue could lead to land and homeowners not having proper access to their own homes, which has the potential to flood the courts with cases. This Bill does not fully restore the pre-2009 situation and Sinn Féin will table amendments to address this.

I am concerned about the effects of this legislation on the rights of periwinkle and scallop pickers, seaweed harvesters, seagrass harvesters and bait harvesters. The measures relating to the foreshore land also have the potential to affect these categories of individuals. I would like the Minister to commit to examine this issue as part of any review in the area.

We need a fit-for-purpose system that is non-adversarial and respects rights to access. The new enabling Bill is welcome, but we are keen for the more comprehensive reform that has been promised to be brought forward. We also want amendments implemented so that the pre-2009 situation is more fully established.

See this speech in context