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Rights of Way Registration Deadline 2021

Do you have land that uses a right over another person’s property, for example, a right to cross over a laneway to access your property, or, a right to run pipes through your neighbour’s land for water (also known as a wayleave), or a right to take something from someone else’s land land e.g. a right to cut turf, fish, etc.? 

New legislation – The Land and Conveyancing Law Reform Act, 2009, as amended by The Civil Law (Miscellaneous Provisions) Act, 2011, requires unregistered rights to now be formally registered, if they are to be legally recognised, and the new deadline for getting this done is 30th November, 2021.

The consequences of failing to register such rights may result in their being extinguished (not legally enforceable).  Also, if these rights are not formally registered, it may affect the value of your land if you were to sell, build or apply for planning permission in the future. 

If your Right of Way, or Wayleave, is not registered on a Folio, or does not have a legal deed/document establishing it, and if it was acquired by long use over a long period of time, then it is extremely important you immediately take steps to register these rights in the Land Registry or Registry of Deeds.

If you fail to register these rights by the deadline (and applications for registration take significant time), you may have to apply to the Circuit Court for a Court Order allowing you to register such rights, and this is likely to be more costly than the current option still available.

If you are not sure if your right of way is registered with the Land Registry, then call us today, and we can discuss your concerns and check your title deeds for you.  If an application to the Land Registry is needed to be made, this will take time, and given the deadline looming ahead, we recommend you deal with this without delay.