Patrick O'Donovan (Limerick, Fine Gael)
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Question 668: To ask the Minister for Justice and Equality if he expects new legislation to be proposed in the near future in relation to right of way on private land; and if he will make a statement on the matter. [26617/12]

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 other than public rights of way. Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 contain amendments to the 2009 Act 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 concerned. Rules applicable to the new arrangements are set out in the Land Registration Rules 2011 (S.I. No. 559 of 2011).

As regards public rights of way, the position is that such rights may arise under common law where the landowner is held to have dedicated the way to the public and the public has accepted the dedication. They may also arise where a local authority has exercised its statutory powers under the Local Government Acts.