Seán Fleming (Laois, Fianna Fail)
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116. To ask the Minister for Justice and Equality when a person has to register an easement, such as a right of way, on a property to have it recognised under the new legislation; the timetable involved in these issues; and if she will make a statement on the matter. [37368/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Land and Conveyancing Law Reform Act 2009, as amended by the Civil Law (Miscellaneous Provisions) Act 2011, provides for applications for registration of easements (such as rights of way) and profit-á-prendre acquired by prescription (long use) to be made directly to the Property Registration Authority (PRA) under Section 49(A) of the Registration of Title Act 1964, 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 shall be registered in the Land Registry or Registry of Deeds, as appropriate.

A claim for rights acquired by prescription, or in the process of being acquired, under the pre-2009 Act law [i.e. under common law, doctrine of lost modern grant and the Prescription Act], can be made by an application to the PRA or by application to court up to 30 November 2021. Thereafter, applications either in the PRA or the courts can be made under the new law as set out in the 2009 Act.

Applications to the PRA under Section 49A require a full case to be made 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 these cases is set out in its Practice Direction "Easements and Profits á Prendre Acquired by Prescription under Section 49A" and "Mapping Practice" available on the PRA's website, www.prai.ie.