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Good news for rights of way users

12th November, 2021

The Land and Conveyancing Law Reform Bill 2021 has just been published. It repeals sections 33 to 39 of the Land and Conveyancing Law Reform Act 2009, with savers for pending proceedings and applications for registration of easements or profits under section 49A of the Registration of Title Act 1964.

It is due to come into operation on 30 November 2021.

Essentially, undocumented rights of way ( and other like interests) can rely on the old law of lost modern grant to validate their rights. So, user for a continuous period of 20 years should suffice to get you your right.

The law was badly amended in 2009 and is still in need of an overhaul. This Bill keeps the status quo for now.