Limerick Council Should Do More To Protect Traditional Walkways
Willie O'Dea TD has tabled a Parliamentary Question to the Minister for Justice urging her to revoke the upcoming changes to registering rights of way that are due to take effect from December 1.
Willie O'Dea TD said:
"I have been contacted by many constituents who have expressed serious concerns about problems that will arise from the end of November, after which new rules on registering ‘prescriptive easements’ – such as rights of way – will come into force.
I have tabled a Parliamentary Question to the Minister for Justice, Heather Humphreys asking her to revoke the sections of the Land and Law Reform Act 2009 regarding the registering rights of way that are due to take effect from December 1.
At present, if you have been using an easement or right of way you could find that you lose that right if it is not registered with the Property Registration Authority.
If the Easement is not registered then the right may be extinguished and it takes twelve years to re-acquire that right, with previous use not being considered.
From December, an entitlement to a Right of Way can only be established by way of a Court Order.
A person’s right to travel across land owned by another has caused tension between neighbours for generations.
Known as a “right of way”, it arises if one landowner needs to pass through another’s property to get to his own.
A right of way could be a laneway, a boreen, or even a gap in a fence.
Under the current law, to register a Right of Way, claimants must show they have had free use of the Right for 20 years prior to the passing of the Land and Conveyancing Law Reform Act 2009.
Deputy O'Dea concluded:
"Unlike in Britain, traditional walking routes in Ireland are largely unprotected. In fact, many could be lost if not registered by November this year unless the Minister revokes the current law.
I would urge Limerick City and County Council to to draw up a list of traditional walkways in the county and put plans in place to protect these walkways for future generations to enjoy."