Written answers
Tuesday, 31 January 2012
Department of Justice, Equality and Defence
Proposed Legislation
9:00 pm
Brendan Griffin (Kerry South, Fine Gael)
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Question 479: To ask the Minister for Justice and Equality when legislation on right of way of lands will be introduced; and if he will make a statement on the matter. [4798/12]
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 updated the law concerning the acquisition of easements, including rights of way. Section 35 of the Act, which entered into operation on 1 December 2009, provided 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.
Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 contain amendments to the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964 respectively which simplify the procedures for registering easements set out in the 2009 Act. The amendments permit the Property Registration Authority (PRA) to register such easements without a court order where there is no disagreement between the parties. Rules applicable to the new arrangements are set out in the Land Registration Rules 2011 (S.I. No. 559 of 2011) and they have been published on the PRA web site (www.prai.ie).
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