New rights of way scheme expected in August

A new system to allow landowners register uncontested Rights of Way could now be introduced during August.

A new system to allow landowners register uncontested Rights of Way could now be introduced during August.

That is according to teh IFA who last week said they understand the new system will be in place.

This follows the passing of necessary amending legislation through the Dail and Seanad before the summer recess.

IFA Assistant General Secretary Bryan Barry said “the Civil Law (Miscellaneous Provisions) Bill 2011 is expected to be signed into law by the President in the coming days. This will allow the Minister for Justice Alan Shatter to introduce new regulations permitting the Property Registration Authority to register rights of way, where there is no disagreement between the parties regarding entitlement to the right concerned. At present, a court order is required in order to register such rights under the Land and Conveyancing Law Reform Act 2009.

“IFA highlighted the serious difficulties created by the 2009 Act for people intending to buy or sell land, as the banks were insisting on good title before giving mortgages to purchasers. Forcing landowners to go to Court to get legal title to rights of way was totally impractical and prohibitively expensive.

“Crucially, the Minister is also expected to extend the deadline for registering existing rights of way from November 2012 to November 2021. This eases the pressure on landowners with unregistered rights, as they now have ten years instead of just one year to register their rights.”

Mr Barry stressed that the new scheme to be operated by the Property Registration Authority (PRA) will cater for uncontested rights of way, that is cases where the owner of the land over which the right is being claimed does not object.

“Under the scheme, landowners claiming a right will apply directly to the PRA using a Form 5A, swearing usage of the right. The application must be accompanied by a copy of the deeds of the land over which the claim is being made and an original OSI map with the right of way marked. The fee for the application is expected to be €120.

“The PRA will then notify the owner of the other property concerned and, once the application is not contested, the right will be registered.

“IFA regards this as a practical solution to the problem created by the 2009 Act and welcomes the constructive approach taken by Minister Shatter, the Department of Justice and the Property Registration Authority. We will be looking at the details of the scheme once it is announced and will monitor how it works in practice,” Mr Barry concluded.