Real Estate

Right of Way deadline to be removed by new legislation

By Patrick Ahern
23 September 2021

The Minister for Justice, Heather Humphreys TD, announced on 21 September 2021 that the Cabinet had approved the drafting and imminent introduction of legislation to remove the deadline of 30 November 2021 for parties to claim prescriptive easements or rights under 2009 legislative changes, amended in 2011.

There had been widespread concern in the legal profession, if not in society at large, that uncertainties, lack of clarity and indeed some unwelcome changes to the previous law would lead to problems with titles, with purchases/sales, and would lead to a very large number of court applications in the coming months.

The text of the draft legislation will be keenly awaited. The profession would welcome some of the reforms which were contained in the 2009 Act (amended in 2011) but it is believed that these will be considered afresh, by the Law Reform Commission or otherwise.

For more information on the content of this Insight, please contact:
Patrick Ahern, Partner | E: patrick.ahern@rdj.ie | T: +353 21 4802768

 

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