Seán Fleming (Laois, Fianna Fail)
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81. To ask the Minister for Justice and Equality the position regarding the registration of rights of way under the Land and Conveyancing Act 2009; when these will be registered with the Property Registration Authority; and if she will make a statement on the matter. [35424/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can inform the Deputy that Section 35 of the Land and Conveyancing Law Reform Act, 2009 as amended by the Civil Law (Miscellaneous Provisions) Act, 2011 provides for registration of easements (such as right of way) and profit á prendre acquired by prescription (long use) to be made directly to the Property Registration Authority under Section 49 (A) of the Registration of Title Act 1964, as an alternative mechanism to a court application,for uncontested claims. Alternatively an application can be made to court under Section 35 of the Land and Conveyancing Law Reform Act 2009 and the court can make an order which can be registered in the Land Registry or Registry of Deeds as appropriate.

Rule 46 of the Land Registration Rules 2012, as amended by the Land Registration Rules 2013, provides that an application under Section 49A may be made in Form 68 of the said Rules.

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. The PRA’s practice in relation to such an application and in relation to the mapping of same is set out in its practice direction’s “Easements and Profits à Prendre Acquired by Prescription under Section 49A” and “Mapping Practice” available on the PRA website .

A total of 1,014 applications for registration of rights of way/profits á prendre are currently on hand in the Property Registration Authority. I understand that the Authority has recently reorganised how all such cases are handled, with the aim of streamlining the process and generating efficiencies. In addition, I am advised by the PRA that specific cases are sometimes expedited on request from the applicant, generally in anticipation of a sale.