Michael McCarthy (Cork South West, Labour)
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1068. To ask the Minister for Justice and Equality the average waiting time for the Property Registration Authority to register a right of way over lands from the date of a valid application; and if he will make a statement on the matter. [37451/13]

Alan Shatter (Dublin South, Fine Gael)
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Rights of way can be created either through grant by deed between the owner of the subject land and the owner of the land intended to benefit from the right, or alternatively a right of way can be shown to have been acquired by prescription. Prescription is the acquisition of such rights by the user as of right over a substantial period of time.

Amendments made to the Land and Conveyancing Law Reform Act 2009 by the Civil Law (Miscellaneous Provisions) Act 2011 provide for a scheme of registration of easements and profits á prendre acquired by prescription to be made directly to the Property Registration Authority under Section 49(A) of the Registration of Title Act 1964. It should be noted that these are complex applications that require a full case to be made out by the applicant for the right to be registered in his/her favour. Certain proofs are required and notices must be served on all interested parties. It must be established in each case, prior to the application being approved for registration, that the right does lie in prescription and is not a right being exercised by express consent or is not a public right, customary right or right of necessity. The Property Registration Authority must be satisfied that the claim is not disputed. In view of these complexities and the necessity to consider each case on its own individual merits, I am advised by the Property Registration Authority that it is not possible to give an average processing time for such applications.