Michael Healy-Rae (Kerry South, Independent)
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Question 197: To ask the Minister for Justice and Equality if he will reconsider proposals regarding the registration of rights of way (details supplied); and if he will make a statement on the matter. [31401/12]

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, contained specific provisions in respect of easements acquired by prescription, i.e. acquired on the basis of long enjoyment of the easement concerned. It originally provided that such an easement would be acquired at law 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 2009 Act and the Registration of Title Act 1964 which simplify the procedures for acquiring easements based on prescription. They were drafted in consultation with the Law Society and the Property Registration Authority (PRA).

The amendments permit the PRA to register such an easement without a court order under section 35 of the 2009 where it is satisfied that there is an entitlement to it. Where the PRA is not satisfied that there is such an entitlement, such as where there is disagreement between the parties concerned, a court order under section 35 of the 2009 will continue to be required. This is similar to the procedure which applies in respect of applications for registration of title based on adverse possession of the land.

The rules applicable to the new arrangements are set out in the Land Registration Rules 2011 (S.I. No. 559 of 2011) which are available on the PRA web site (ww.prai.ie). The procedures to be followed are set out in a Practice Direction entitled 'Registration of Easements and Profits a Prendre acquired by Prescription under Section 49A' which is also available on the web site.