Sinn Féin spokesperson on law reform Pa Daly has outlined the party’s support for speedy passage of the bill concerning rights of the way that is currently going through the Oireachtas.
The Land and Conveyancing Law Reform Bill 2021 is on the agenda for the Dáil tonight (Wednesday, November 24).
“I called a number of months ago for the Minister [for Justice] to address the situation surrounding rights of way and easements. This bill addresses the immediate problems the deadline under the 2009 act represented,” Kerry TD Pa Daly said.
“There will be no legal basis for the demands by banks to have rights of way registered on neighbours’ folios before they will provide mortgages.
“It will be easier for solicitors to certify title and applications for first registration will not be delayed unnecessarily in the Property Registration Authority, causing sales to fall through. I have previously pointed out how disruptive this has been in Kerry and elsewhere.
“This does not stem from any malevolence in many cases, although estrangements between neighbours do occur, but the reality is that people can be reluctant to sign anything they feel might compromise their position.
“A comprehensive act that addresses this, along with a proper public education campaign, must be undertaken.
“For now, the restoration of the pre-2009 position must be completed and farmers and homeowners allowed to get on with preserving their rights of way.”
In September, Minister Heather Humphreys secured cabinet approval to enact a bill that would remove the upcoming right of way registration deadline of November 30.
The bill will amend the provisions in the Land and Conveyancing Law Reform Act 2009.