Peadar Tóibín (Meath West, Sinn Fein)
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39. To ask the Minister for Justice and Equality if there are enough resources to staff the land registry process in registering rights-of-way (details supplied). [16422/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can inform the Deputy that rights of way can be created in grant by deed (between the owner of the subject land and the owner of the land intended to benefit from the right) orthe right can be shown to have been acquired by prescription. Prescription is the acquisition of such rights by user as of right over a substantial period of time. The Land and Conveyancing Law Reform Act, 2009 as amended by the Civil Law (Miscellaneous Provisions) Act, 2011 provides for a scheme of registration of easements and profits à prendreacquired by prescription to be made directly to the Property Registration Authority under Section 49 (A) of the Registration of Title Act 1964.

I am assured by the Property Registration Authority that it has sufficient staff resources to deal with registration of prescriptive easements. 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 so the process can take some time.

In the particular case referred to by the Deputy, such an application was lodged in the Property Registration Authority in August 2014 and queries were subsequently raised with the lodging solicitor. I am advised by the Authority that there is one outstanding matter which needs to be clarified with the lodging solicitor. A letter has issued to the lodging solicitor in relation to this matter and a reply is awaited before the case can proceed.