Land And Conveyancing Law Reform Act 2009

35.

Acquisition of easements and profits à prendre by prescription.

35.— F2 [ (1) An easement or profit à prendre may be acquired at law by prescription

( a ) on registration of a court order under this section, or

( b ) in accordance with section 49A of the Act of 1964. ]

[PA 1832]

[PA 1858]

(2) Subject to subsection (3) , in an action to establish or dispute the acquisition by prescription of an easement or profit à prendre, the court shall make an order declaring the existence of the easement or profit à prendre if it is satisfied that there was a relevant user period immediately before the commencement of the action.

(3) The court may make an order under subsection (2) where the relevant user period was not immediately before the commencement of the action if it is satisfied that it is just and equitable to do so in all the circumstances of the case.

(4) An order under subsection (2) shall be registered in the Registry of Deeds or Land Registry, as appropriate.

Annotations:

Amendments:

F2

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 37, commenced on enactment.