Registration of Title Act 1964
F62[Registration of easements and profits à prendre in certain cases.
49A.— F63[(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.]
(2) Subsection (1) applies only in relation to claims in respect of which—
(a) the land benefited by the easement or profit à prendre, to which other land is subject, is registered land, or
(b) the claim is made as part of an application for first registration of that land.]
F64[(3) Subsection (2) shall not apply to profits à prendre in gross.]
Inserted (02.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 41, commenced on enactment.
Substituted (30.11.2021) by Land and Conveyancing Law Reform Act 2021 (35/2021), s. 5(a), in effect as per s. 7(3).
Inserted (30.11.2021) by Land and Conveyancing Law Reform Act 2021 (35/2021), s. 5(b), in effect as per s. 7(3).
A pending application for registration of an easement or profit à prendre under section remains unaffected as provided (30.11.2021) by Land and Conveyancing Law Reform Act 2021 (35/2021), s. 6(2)(b), in effect as per s. 7(3).