Registration of Title Act 1964

F62[Registration of easements and profits à prendre in certain cases.

49A

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.]

Annotations

Amendments:

F62

Inserted (02.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 41, commenced on enactment.

F63

Substituted (30.11.2021) by Land and Conveyancing Law Reform Act 2021 (35/2021), s. 5(a), in effect as per s. 7(3).

F64

Inserted (30.11.2021) by Land and Conveyancing Law Reform Act 2021 (35/2021), s. 5(b), in effect as per s. 7(3).

Editorial Notes:

E28

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).