James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senator for raising an important matter which is exercising many Members, solicitors and others.I want to convey the apologies of the Minister for Justice, Deputy Humphreys, who regrets she cannot be here for this matter due to the Cabinet sitting. On behalf of the Minister and the Government, I thank Senator Gallagher for raising the matter.

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. Registration of easements acquired by prescription is set out in the 2009 Act and the Registration of Title Act 1964, as amended by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011. The functions previously vested in the Minister for Justice under the 1964 Act were transferred with effect from 1 January 2018 to the Minister for Housing, Local Government and Heritage, who has responsibility for the Property Registration Authority of Ireland, PRAI.

The Minister for Justice understands from the PRAI that the following is the position. First, the extension of the transitional period of three years originally prescribed by section 38(b) of the 2009 Act by the 2011 Act, which extends the period to 12 years, relates simply to the period when a claim to a prescriptive right can be made by reliance on the "old" law replaced by the 2009 Act. From 2021, reliance must be made on what can be termed the "new" law introduced by the 2009 Act and, in particular, reliance must be made on the new single and shorter period of 12 years. There is no question of a cut-off point occurring in 2021 when a claim to a prescriptive right can no longer be made. All that changes in 2021 is the basis on which the prescriptive right can be claimed, and that is the shorter period.

Second, the new procedure for registration of a prescriptive right introduced by section 41 of the 2011 Act is not subject to a time limit. It is a permanent procedure and, in particular, does not cease to be available in 2021. The only change which occurs in 2021 is the basis on which an application must be made to the PRAI. As I pointed out, from 2021, the application will have to be grounded on the "new" law introduced by the 2009 Act and reliance on the "old" law repealed by that Act will cease to be possible.

This procedure is only for easements, including rights of way, acquired by prescription. If all parties agree to the registration of an easement, an application should be made by lodging the appropriate deed of grant.

The Department has received correspondence, including a detailed submission, requesting an amendment to section 38 of the Civil Law (Miscellaneous Provisions) Act 2011. The Department of Justice is currently in the process of arranging discussions with official stakeholders on this topic. The Department is assessing the situation. However, it is important people are aware of the changes being made.

With regard to access to public walkways, beaches and so on, that is more a matter for the Department of Housing, Local Government and Heritage. However, I understand the Senator's concerns. It is an issue that concerns many counties, in particular coastal counties, and I have seen similar situations arise in Wexford.

I will bring to the attention of the Minister, Deputy Darragh O'Brien, the concerns around delays in registrations with the PRAI. While, again, it is a matter more appropriate for the Department of Housing, Local Government and Heritage, it is an important issue and I will raise it with the Minister for Housing, Local Government and Heritage.