Seanad debates

Wednesday, 29 September 2021

Nithe i dtosach suíonna - Commencement Matters

Legislative Measures

10:30 am

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I agree about public awareness. My office was contacted by people asking what they should do about registering rights of way. Problems have arisen as Ireland has become more mobile. Where there might have been a farmer at the end of a laneway with one neighbour, there might be extra houses now and that can be challenging. I know of the case of a couple where the people who own the neighbouring land have dementia. Those people are in a home and getting all this resolved is proving very challenging. I 100% agree that we need to address the immediate problem and then come up with a final decision about what we are going to do here because we cannot simply keep extending it. That only creates new stress for people further down the line. I will certainly get the Department to engage with the Senator. I acknowledge that she has been raising this matter for quite some time. Under the Bill, the law applicable to prescriptive easements and profits will largely be reverted to judge-made law that was employed before the passing of the 2009 Act. As the Senator said, the majority of legal people believe the clock set to zero. There was some belief that equitable rights would still remain and that was creating confusion in the legal world. It is absolutely right that we take this action. We hope and expect that the urgent Bill will have cross-party support in both Houses. I will get the Department to liaise with the Senator in respect of her Bill.

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