Seán Kyne (Galway West, Fine Gael)
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330. To ask the Minister for Justice and Equality with regard to the Land and Conveyancing Law Reform Act 2009, the necessity to register a right of way; if rights of way detailed in land registry folios need to be registered; the procedures that apply in registering a right of way; the closing date of such registrations; the procedures where rights of ways are disputed; and if she will make a statement on the matter. [39380/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The following is the general position concerning the registration of easements acquired by prescription as set out in the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964, as amended by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011.

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 2009 Act, as amended by the Civil Law (Miscellaneous Provisions) Act 2011, provides, inter alia, that a right of way which has not been reserved or granted may be acquired by prescription, i.e.acquired on the basis of long enjoyment of the easement concerned, on registration of a court order under that section or in accordance with section 49A of the Registration of Title Act 1964.

Section 49A of the 1964 Act permits the Property Registration Authority (PRA) to register such an easement where it is satisfied that there is an entitlement to the easement concerned. Where, however, 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 Act is required.

Section 38 of the 2009 Act (as amended by the 2011 Act) sets out the rules that apply where a claim based on prescription commenced or completed the user period before 1 December 2009. In order to avail of these transitional provisions, a claim to an easement must be made within 12 years of that date. Any claims made after that period must be based entirely on the 2009 Act.

The rules applicable to the registration of easements are set out in the Land Registration Rules 2012 (S.I. No. 483 of 2012) and 2013 (S.I. No. 389 of 2013) which are available on the PRA website (www.pra.ie).