Land And Conveyancing Law Reform Act 2009

PART 8

Appurtenant Rights

Chapter 1

Easements and profits à prendre

Annotations:

Editorial Notes:

E8

Application procedure for registration of an easement or profit à prendre pursuant to ss. 33 to 38 prescribed (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rl. 46, in effect as per rl. 1; as substituted (1.11.2013) by Land Registration Rules 2013 (S.I. No. 389 of 2013), rl. 2, in effect as per rl. 1(4).

E9

Entitlement of persons who claim to be entitled to an easement or profit à prendre and who meet the requirements of ss. 33 to 38 to apply to the Property Registration Authority and power of Property Registration Authority to register such easement or profit à prendre provided by Registration of Title Act 1964 (16/1964), s. 49A, as inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 41, commenced on enactment.

33.

Interpretation of Chapter 1.

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.