Rights of Way claim can be made up to 2021
A Sunday newspaper report had incorrectly advised that the deadline was Nov 30, 2012.
IFA assistant general secretary Bryan Barry said, “The Land and Conveyancing Law Reform Act 2009 originally provided that farmers had to go to court to register existing rights of way and included a deadline of this November to make claims.
“This proved totally impractical, and IFA lobbied successfully to have the system changed.”
He advised landowners claiming a right of way over a neighbour’s property to fill out Form 5A, which is available on the www.PRAI.ie website. This involves:
n Swearing usage of the right in an affidavit and providing whatever proofs are available.
n Identifying the owner of the land over which the right of way is being claimed.
n Providing an original OSI or Land Registry map with the right of way marked on it.
n Payment of a fee to the authority of €25.
“The Property Registration Authority will then notify the owner of the other property concerned and, once the application is not contested, the right will be registered.”
“The authority procedure covers both the registration of easements which are mainly concerned with rights of way, and the registration of profits à prendre, which include shooting, fishing and turbary rights.
“However, it does not apply to landlocked land, and the law regarding public rights of way and old mass paths is different. Where farmers have landlocked land, or where rights of way are contested, landowners may still have to go to court to establish title,” advised Mr Barry.
