Land and Conveyancing Law Reform Act 2009 Amended

Land and Conveyancing Law Reform Act 2009 Amended

Postby onq » Tue Aug 21, 2012 10:15 pm

Better late than never - I've been busy

Previously the Act required that all easements acquired by prescription be registered before December of 2012. Minister Shatter appears to have acted to remove this draconian requirement. Whether he has actually done the right thing I cannot say until I've read through the legislation.

Here is the PRAI page

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http://www.prai.ie/eng/News/Registratio ... d_Profits_à_Prendre_Acquired_by_Prescription_under_Section_49A_Published_9th_December_2011_.24118.shortcut.html

2. Scope of Practice Direction

An application for the registration of easements and profits acquired by prescription may be made directly to the Property Registration Authority (“the Authority”) without the necessity of first having to acquire a court order.

Section 35 (1) of the Land and Conveyancing Law Reform Act, 2009 (“the 2009 Act”) was amended by the Civil Law (Miscellaneous Provisions) Act, 2011 (“the 2011 Act”) to allow for claims based on prescription, that have been acquired prior to the introduction of the 2009 Act, or in the process of being acquired (under the transitional provisions in Section 38 (b) of the 2009 Act), to be made under the procedure set out herein.

The transitional provisions of the 2009 Act have been extended by the 2011 Act, the effect being that a claim for rights acquired by prescription under the law prior to the 1st of December 2009, or in the process of being acquired, can be established up until the 30th November 2021. The consequent amendment to the 1964 Act provides for the procedure under Section 49A.

The procedure under Section 49A [1] is intended for cases where there is no dispute between the parties. [2] Alternatively, an application may still be made directly to court.

It is important to note that the scope of this Practice Direction applies to rights acquired by prescription only and does not extend to rights acquired by express grant/reservation, to the acquisition of rights implied by law, [3] easements of necessity or to natural, [4] public [5] or customary rights. [6]While Section 49A does not apply to implied grants or easements of necessity application for registration of same can be made by lodging a court office copy of the relevant court order [Section 69(1)(h) of the 1964 Act].

Where a claim to an easement or profit à prendre based on prescription has already been adjudicated upon by the court, an application can be made to register the court order as a burden under Section 69(1)(h)of the 2009 Act (see Paragraph 11).
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Re: Land and Conveyancing Law Reform Act 2009 Amended

Postby onq » Tue Aug 21, 2012 10:16 pm

Ah okay the link seems to be broken - just copy and paste it.
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