The Irish Farmers’ Association (IFA) has said that all relevant stakeholders must be included in the review process around rights of way.
The Land and Conveyancing Law Reform Act 2021, which removes immediate problems around rights of way, came into operation on Tuesday, November 30.
It repealed a number of changes to the law on prescriptive easements under the Land and Conveyancing Law Reform Act 2009, which were due to take effect on Wednesday, December 1.
Minister for Justice, Helen McEntee said that “this urgent act” averts a “legal cliff-edge” that was due to occur on December 1, when “major changes to the law on private rights of way and other prescriptive rights were due to come into effect”.
Rights of way
The minster said this act protects acquired rights and acquired years of use.
Common examples of prescriptive easements include:
- A right to use water or sewerage pipes, running under a neighbour’s land;
- A right of support between adjoining buildings that have different owners;
- A private right of way to access your home, or field, over a laneway that runs across your neighbour’s land.
IFA Farm Business Committee chair, Rose Mary McDonagh has acknowledged the change in the law regarding rights of way and easements.
She said:
“The changes enacted last week removed the cliff edge date of November 30, for land owners to register rights of way and easements under the existing legal process.”
As well as repealing the major changes due to take effect on December 1, the Land and Conveyancing Law Reform Act 2021 provides that:
- Claims to validate or register a prescriptive right that are already pending on November 30, (before the courts, or the Property Registration Authority) will continue to be decided as they were before November 30;
- Periods of long use that were acquired before or during the years 2009-2021 will not be lost on November 30, if no claim has been made, but can still be counted in a claim made after that date (the clock is not reset);
- New claims (brought after November 30) will largely be decided under the judge-made law that applied before the 2009 act. This reflects the strong preference expressed by stakeholders, who see these as the most satisfactory and familiar set of rules available, pending more detailed review;
- It will still be possible to confirm a prescriptive right, either by applying to court or by registering it directly with the Property Registration Authority. But this will be optional (as it was before the 2009 act), rather than a mandatory requirement to avoid losing any rights acquired through long use.
Review
The IFA said it and other stakeholders, including the Law Society, had highlighted to government the “unworkable” situation that would have occurred if the existing law was not amended before the November deadline.
Minister Helen McEntee has committed that the government will carry out a review to examine if any changes are needed in this area of law.
“The minister has to ensure that all relevant stakeholders, including the IFA, are included in this review process,” Rose Mary McDonagh said.