NEW SIMPLIFIED METHOD OF REGISTERING RIGHTS OF WAY TO BE INTRODUCED - IFA
Friday, 24 June 2011 14:48



IFA Assistant General Secretary Bryan Barry has said that a new simplified
system is to be introduced shortly to allow landowners register uncontested
rights of way and other easements directly with the Property Registration
Authority (PRA), without the need to obtain a Court order.

“IFA understands that the Minister for Justice, Equality and Defence Alan
Shatter will introduce the necessary amending legislation before the Dail
summer recess. The new system, which will be operated by the Property
Registration Authority, is expected to be available in the autumn,” Bryan
Barry said.

“IFA sees this as a positive move by the Government. It follows widespread
concerns raised by farmers that the provisions under the Land and
Conveyancing (Law Reform) Act 2009, which required landowners to apply to
the Circuit Court for an order confirming legal title to existing
unregistered rights of way etc before 30 November 2012, were both cumbersome
and excessively costly.  Farmers were also very worried that the sale of
land could be held up if banks refused mortgages because of lack of legal
title to rights of way.”

“The amending legislation will remove the need to go to Court to obtain
legal title and will also extend the period for registering easements to 30
November 2021. Landowners will be able to apply to the PRA for a modest fee,
enclosing the appropriate map. The PRA will then notify the owner of the
other property concerned and, once the application is not contested, the
easement will be registered.”