Written answers
Tuesday, 18 October 2011
Department of Justice, Equality and Defence
Rights of Way
9:00 pm
Michael Healy-Rae (Kerry South, Independent)
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Question 362: To ask the Minister for Justice and Equality the position regarding amendments to the rules regarding rights of way; when same will be before Dáil Éireann again; and the timeframe for same. [30073/11]
Alan Shatter (Dublin South, Fine Gael)
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The position is that Parts 12 and 13 of the recently-enacted Civil Law (Miscellaneous Provisions) Act 2011, which contain amendments to the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964 respectively, amend the law relating to the acquisition of easements, including rights of way, by prescription. The amendments permit the Property Registration Authority (PRA) to register such an easement without a court order where there is no disagreement between the parties concerning entitlement to the easement concerned. The period during which easements acquired, or in the process of being acquired, before 1 December 2009 (the date the 2009 Act came into force) may be registered has also been extended from 3 years to 12 years. Land Registration Rules to implement the new PRA scheme are being finalised at present.
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