Termination of Easements
The Land and Conveyancing Law Reform Act 2009
Interpretation
33.— In this Chapter, unless the context otherwise requires—
“dominant land” means land benefited by an easement or profit à prendre to which other land is subject, or in respect of which a relevant user period has commenced; and “dominant owner” shall be read accordingly and includes that owner’s predecessors and successors in title;
“foreshore” has the meaning given to it by section 2(1) of the Act of 1957;
“interruption” means interference with, or cessation of, the use or enjoyment of an easement or profit à prendre for a continuous period of at least one year, but does not include an interruption under section 37 (1);
“period of non-user” means a period during which the dominant owner ceases to use or enjoy the easement or profit à prendre;
“relevant user period” means a period of user as of right without interruption by the person claiming to be the dominant owner or owner of profit à prendre in gross—
(a) where the servient owner is not a State authority, for a minimum period of 12 years, or
(b) where the servient owner is a State authority, for—
(i) a minimum period of 30 years, or
(ii) where the servient land is foreshore, a minimum period of 60 years;
“servient land” means land subject to an easement or profit à prendre, or in respect of which a relevant user period has commenced; and “servient owner” shall be read accordingly and includes that owner’s predecessors and successors in title;
“State authority” means a Minister of the Government or the Commissioners of Public Works in Ireland;
“user as of right” means use or enjoyment without force, without secrecy and without the oral or written consent of the servient owner.
A
Extinguishment.
39.— (1) On the expiry of a 12 year continuous period of non-user of an easement or profit à prendre acquired by—
(a) prescription, or
(b) implied grant or reservation,
the easement or profit à prendre is extinguished except where it is protected by registration in the Registry of Deeds or Land Registry, as appropriate.
F4[(1A) Subsection (1) does not affect the exercise by the Property Registration Authority of the power to modify or cancel any entry in accordance with section 69(4) of the Act of 1964. ]
(2) This section applies to extinguishment of an easement or profit à prendre notwithstanding that it was acquired before the commencement of this Chapter, provided at least 3 years of the period of non-user occur after such commencement.
(3) Nothing in this section affects the jurisdiction of the court to declare that an easement or profit à prendre, however acquired, has been abandoned or extinguished.
Annotations:
Amendments:
F4
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 39, commenced on enactment.
Land and Conveyancing Law Reform Act 2021
An Act to amend the law relating to the acquisition of easements and profits à prendre
by prescription; to repeal certain provisions of the Land and Conveyancing Law Reform
Act 2009, including section 39 of that Act relating to the extinguishment of easements
and profits à prendre; to amend the Registration of Title Act 1964; and to provide for
related matters. [26th November, 2021]
Be it enacted by the Oireachtas as follows:
Definitions
Extinguishment of easements and profits à prendre
4. It is hereby declared for the avoidance of doubt that section 39 (repealed by section 6(1))
of the Act of 2009 was without prejudice to the application of the common law with
regard to the extinguishment of an easement or profit à prendre howsoever or whenever
acquired and, accordingly, the common law shall apply to such extinguishment.
Amendment of section 49A of Registration of Title Act 1964
5. Section 49A (inserted by section 41 of the Civil Law (Miscellaneous Provisions) Act
2011) of the Registration of Title Act 1964 is amended by—
(a) the substitution of the following subsection for subsection (1):
“(1) Where a person claims to be entitled to an easement or profit à
prendre by prescription, the person may apply to the Authority and the
Authority, if satisfied that there is such an entitlement to the easement
or profit à prendre may, subject to subsections (2) and (3), cause it, as
may be appropriate, to be—
(a) registered as a burden under section 69(1)(jj), or
(b) entered in the register pursuant to section 82 or, in the case of a
profit à prendre in gross, in the register of ownership maintained
under section 8(b)(i),
or both.”,
Short title, construction and commencement
7. (1) This Act may be cited as the Land and Conveyancing Law Reform Act 2021.
(2) This Act (other than section 5) and the Land and Conveyancing Law Reform Act 2009
shall be construed together as one Act.
(3) This Act shall come into operation on the 30th day of November 2021.
Land Act 1965
Extinguishment of certain sporting rights.
18.—Where—
( a ) lands have been registered under the Registration of Title Acts, 1891 and 1942, or the Registration of Title Act, 1964 ,
( b ) on such registration the sporting rights other than fishing rights on or over such lands were reserved to a person other than the registered owner, and
( c ) the said rights so reserved have not been exercised in the period of twelve years ending on the passing of this Act or in any period of twelve years ending on a date subsequent to the passing of this Act,
the said rights so reserved shall, and are hereby declared to, cease to exist on the expiry of such period and, upon application being made by any person interested the Registrar of Titles shall, if satisfactory evidence of the exercise of the said rights in such period is not forthcoming, cause the entry of the said rights to be cancelled in the appropriate register.