Removal of Right of Way Deadline

Bríd Collins, Tom Collins, David Collins and Mark Collins advise clients on all aspects of rights of way and easements.

The Government has announced that it intends to enact legislation to remove the upcoming deadline of 30 November 2021 to register rights of way and other easements which have been acquired through long use.

Following the introduction of the Land and Conveyancing Reform Act 2009 (as amended), the intention was that going forward, all rights of way or other easements acquired through long use would have to be acquired based on a minimum of 12 years use since 1 December 2009 and one would ignore any use prior to that date. A deadline of 30 November 2021 was also introduced whereby any person seeking to claim a right of way or other easement under the previous regime would have to do so before that date.

This deadline was however expected to create a surge in court applications by those seeking to preserve their rights before that deadline of 30 November 2021. It has been confirmed now however that the Government will enact a change in the law before 30 November 2021 to remove the deadline. Following this change, going forward it will remain optional whether a party wants to go to court or the Property Registration Authority to register their right rather than a mandatory requirement.

  • We provide a full suite of legal services to property owners. If you would like to discuss any aspect of a right of way or easement, please don’t hesitate to contact us on 01 4900121 or alternatively email us at info@tomcollins.ie

Tom Collins

David Collins

Bríd Collins

Mark Collins