Jun 9

Easements and profits à prendre simplified, land and conveyancing law reform act, 2021

The article ‘Easements and Profits À Prendre Simplified, Land and Conveyancing Law Reform Act, 2021’, was published in the Conveyancing and Property Law Journal – (Spring 2022) Vol. 27, No. 1, 2-4, Thomson Reuters, Round Hall the article is available on www.westlaw.ie or alternatively in print via email TLRUKI.orders@thomsonreuters.com

The article refers to the welcome legislation, the Land and Conveyancing Law Reform Act 2021 (2021 Act), enacted on 30 November 2021, which repealed the prescriptive regime of easements and profits à prendre (Rights) in sections 33-40 of the Land and Conveyancing Law Reform Act, 2009, resulting in shortcomings in respect of the law relating to Rights. The 2021 Act simplifies the process for users when claiming Rights, relying on the doctrine of lost modern grant i.e. 20 years continuous user and also enables solicitors to rely on the well-established practice of statutory declarations in respect of such Rights.