Maurice Cummins (Fine Gael)

I move amendment No. 22:

In page 30, line 28, to delete "only on registration of a court order" and substitute "on registration of a court order or otherwise".

This relates to easements and profit À prendre, specifically "An easement or profit À prendre shall be acquired at law by prescription only on registration of a court order under this section". It appears to be unduly onerous and as was stated on Committee Stage, a deed surely can be created to acknowledge such a right without the necessity for a court order.

There is a contradiction between section 33(2) and section 38(2), which states, "A conveyance of land creates for the benefit of that land any easement or profit À prendre over the land retained by the grantor which it is reasonable to assume, in the circumstances of the case, was, or would have been if they had adverted to the matter, within the contemplation of the parties at the date of the conveyance as being included in it." It is assumed that, had it been discussed at the time of the agreement, the parties would have accepted that the easement or profit À prendre formed part of the conveyance.

No court order appears to be necessary in respect of section 38, and this appears to contradict somewhat the provisions in section 33. We were asked to submit this amendment again on Report Stage and I welcome the Minister's comments on it.