Green light for simpler right of way registration
A new, simplified system that allows landowners to register uncontested rights of way with the Property Registration Authority (PRA) without the need of a court order has been given the green light.
Confirmation of the changes was contained in the announcement of the Civil Law (Miscellaneous Provisions) Bill 2011, which was published last Friday by the Minister for Justice, Equality and Defence, Alan Shatter.
The bill includes amendments to the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964. A Department of Justice spokesperson said it was hoped to have the bill enacted before the Dáil breaks for the summer.
The current provisions of the Land and Conveyancing Law Reform Act 2009 require landowners to apply to the Circuit Court for an order confirming legal title to existing unregistered rights of way and easements by December 2012.
This meant that existing unregistered rights of way would lapse if they were not registered or if legal title were not established through a Circuit Court order.
The proposed amendments will allow a landowner who claims to be entitled to a right of way to apply to the PRA to register that right on the owner's Land Registry folio.
In order to be satisfied that the owner's claim has been substantiated and is not the subject of a dispute, the PRA will serve notice on the relevant parties. The detailed notice and other statutory requirements will be published in the form of a statutory instrument.