Nicky McFadden (Longford-Westmeath, Fine Gael)
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Question 269: To ask the Minister for Justice and Equality his views on the matter of farmers' rights of way and the Land and Conveyancing Law Reform Act 2009, with specific reference to the way farmers will be affected by new legislation requiring registration. [10265/11]

Alan Shatter (Dublin South, Fine Gael)
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The position is that Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 has updated the law in relation to the acquisition of easements and profits a prendre in line with recommendations of the Law Reform Commission. Section 35 of the Act, which entered into operation on 1 December 2009, provides that such legal interests in land shall be acquired at law by prescription only on registration of a court order under that section.

Late last year the Law Society made a submission to my Department which contained proposals to amend the 2009 Act with a view to simplifying the procedures for registering easements and profits a prendre acquired by prescription. During recent discussions involving my Department, the Law Society and the Property Registration Authority, agreement was reached on the outline of a draft scheme whereby the Authority would be empowered to register such legal rights without a court order under section 35 of the 2009 Act on being satisfied that the claim had been substantiated.

In order to give statutory effect to the proposed scheme, amendments to the Registration of Title Act 1964 and the Land and Conveyancing Law Reform Act 2009 will be required. I intend therefore to include the necessary amendments to both Acts in the forthcoming Civil Law (Miscellaneous Provisions) Bill which will be published later this year.