Rights of Way & Easements – New Law
Land and Conveyancing Law Reform Act 2009
In 2009, a new act was introduced into law requiring that rights of way and easement be registered in the Land Registry. Part of this law envisaged that a court order would be required from the Circuit Court or High Court so that the application could be made to the Land Registry. This was obviously a hugely expensive way of going about a fairly simple procedure, especially where there was no argument or debate about the existence of the right of way or easement.
Amendment to the New Act
After much debate, the law was amended by an act which was made law on the 31 st August, 2011, which now allows for an application to be made directly to the Land Registry by way of Affidavit and Map of Right of Way/Easement. The window of opportunity for applications of this type runs to the end of November 2021, and after that a court order will be required.
Our Enhanced Service to You
We have developed expertise in this area and we have teamed up with a firm of planners/engineers to offer an all-in-one service for an all inclusive fee to achieve registration of your right of way or easement at a very reasonable cost. The procedure involves our office preparing the Affidavit to Land Registry requirements following an interview with you and then arranging for the Planners to attend at your property to carry out a survey and draw up the map for the Land Registry.
The Affidavit sets out the history of the Right of Way/Easement and the Map shows where it is and whose property it passes over. When the paperwork is ready, we lodge the documentation in the Land Registry and when registration is complete, the Right of Way will be registered as a benefit to your Land Registry folio and as a burden on the folios over which it passes.
Why should you do this now?
Over the next few years, Purchasers; Banks; Lessees and anybody else that you deal with in relation to your property will look for evidence of the Registration of the Right of Way/Easement. The registered Right of Way/Easement will become an essential part of your Title Deeds. Act now and let us look after it for you.
Contact Us Today
Phone us on +353 (0)71 962 1846 or contact us by e-mail to schedule a consultation with our Carrick-on-Shannon solicitors. We promptly return all phone calls and e-mail messages.
