Countryside Alliance Ireland - love the countryside

Under new legislation, namely the Land and Conveying Act 2009 which was enacted under the previous government in the Dáil, all rights of way now have to be registered with the Land Registry or Registry of Deeds. 

The deadline for this is 30^th November 2012, which may sound like a long time away but any legislative process may sometimes take months. Common examples of rights of way include a farmer accessing his lands through a neighbours land or a home owner accessing the rear of a terraced house by means of a lane way, without the expressed permission of the land owner. 

Under this new Act, a farmer or country sports enthusiast who has been using a right of way to access land all their life could lose that right if it is not registered with the Land Registry or Registry of Deeds within the next 18 months.

There are two methods of obtaining a right of way.  An individual can acquire a right of way over land not in their ownership by continuous use over a period of at least 20 years.  Alternatively, a right of way could be established with the right being specified in a written deed.  However, not all written deeds granting a right of way may necessarily have been registered in the Land Registry or Registry of Deeds, and it is therefore important to check with a solicitor that that such deed has in fact been registered. 

If a right of way has been established purely from continuous use, under the new Act there is now a need to apply to the Courts and obtain a Court Order.  Such applications must be made before the 30^th November 2012; these can be very time consuming and it is therefore advisable to act on time.   If you have previously established a right of way but have not used it for some time, then do start using this access again, as the Courts may base some of their decision regarding the right of way on how often it has been used over the years.  

In addition, it is also important to note that even if you have required a right of way by prescription or by an implied grant, but it has not yet been registered, it will be extinguished after 12 years of continuous non use. 

The new legislative changes to this Act may also have implications on land sales and the acquisition and maintenance of Profits-á-Prendre, which includes the right to take natural resources, such as wild game, from the land of another.   

Therefore, if you think you have a claim to a Profit-á-Prendre or a right of way, please do contact your solicitor to ensure that your right is not taken away.