IFA confirms 2021 deadline for Right of Way claims

The IFA has confirmed with the Property Registration Authority (PRA) that the deadline for claiming existing Rights of Way is November 30, 2021.

The IFA has confirmed with the Property Registration Authority (PRA) that the deadline for claiming existing Rights of Way is November 30, 2021.

This follows considerable confusion and anxiety which had been generated by a report in a SUnday newspaperwhich had incorrectly advised that the expiry date for registering such claims with the PRA was November 30, 2012.

IFA Assistant General Secretary Bryan Barry said “The report over the weekend alarmed many farmers, who feared they were facing a very tight deadline to claim Rights of Way by applying to the PRA. In fact, that report was erroneous and the relevant deadline was extended last year to end-November 2021. This has been confirmed by the PRA today.

“The Land and Conveyancing Law Reform Act 2009 originally provided that farmers had to go to court to register existing Rights of Way and included a deadline of this November to make claims. This proved totally impractical and IFA lobbied successfully to have the system changed. Amending legislation was passed last year allowing farmers to register uncontested claims with the PRA and extending the period for registering such claims to 30th November 2021.

“The procedure involves a landowner claiming a Right of Way over a neighbour’s property making an application to the PRA on a Form 5A, which is available on the PRA website, www.PRAI.ie . This involves:-

Swearing usage of the right in an affidavit and providing whatever proofs are available

Identifying the owner of the land over which the right of way is being claimed

Providing an original OSI or Land Registry map with the right of way marked on it and

Payment of a fee to the PRA of €25.

“The PRA will then notify the owner of the other property concerned and, once the application is not contested, the right will be registered. IFA advises both landowners making claims and those subject to claims to seek proper legal advice to ensure their interests are safeguarded.

“The PRA procedure covers both the registration of easements which are mainly concerned with Rights of Way and the registration of profits à prendre which include shooting, fishing and turbary rights. However, it does not apply to landlocked land and that the law regarding public rights of way and old mass paths is different. Where farmers have landlocked land, or where Rights of Way are contested, landowners may still have to go to court to establish title,” Bryan Barry concluded.