Brendan Griffin (Kerry South, Fine Gael)
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Question 480: To ask the Minister for Justice and Equality the position regarding right of way law under the Land and Conveyancing Act 2009; and if he will make a statement on the matter. [15306/11]

Alan Shatter (Dublin South, Fine Gael)
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The position is that Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 has updated the law concerning the acquisition of easements based on recommendations of the Law Reform Commission. Section 35 of the Act, which entered into operation on 1 December 2009, provides that easements shall be acquired at law by prescription only on registration in the Land Registry or the Registry of Deeds of a court order under that section.

Late last year the Law Society made a submission to my Department containing proposals to amend the 2009 Act with a view to simplifying the procedures for registering easements acquired by prescription. During subsequent discussions involving my Department, the Law Society and the Property Registration Authority, agreement was reached on the outline of a draft scheme whereby the Authority would be empowered to register such easements without a court order under section 35 of the 2009 Act on being satisfied that the claim had been substantiated.

In order to give statutory effect to the proposed scheme, amendments to the Registration of Title Act 1964 and the Land and Conveyancing Law Reform Act 2009 will be required. I intend therefore to include the necessary amendments to both Acts in the Civil Law (Miscellaneous Provisions) Bill which, subject to Government approval, will be published shortly.