Registration of Rights of Way – Easements

Cosgrove Gaynard Solicitors

An easement is a right which an owner or an occupier of land has, by virtue of his ownership of his land, over the land of a neighbour, e.g. right of way, light, support and water.

Registration of Rights of Way – Easements

An easement is a right which an owner or an occupier of land has, by virtue of his ownership of his land, over the land of a neighbour, e.g. right of way, light, support and water.

It was recently published that an expiry date for registration of rights of way acquired under the old laws of prescription was the 30th November 2012.

While this was the date initially provided for in the Land and Conveyancing Law Reform Act of 2009, this was subsequently amended by The Civil Law (Miscellaneous Provisions) Act 2011 which extended this date to 30th November 2021.

An easement is different to a profit à prendre which can be held independently of any land owned by the holder of the profit. A profit is a right to go on another person’s land and take natural material from it, e.g. to cut timber or turf, graze animals, fish or hunt.

To constitute an easement a right must satisfy four requirements:

1.There must be a dominant and servient tenement.A dominant tenement is the land benefited by the easement and the servient tenement is that over which the easement exists. An easement unlike a profit à prendre cannot exist independently. The two properties must be linked although not necessarily adjacent once there is sufficient proximity between them.

2.The right over the servient tenement is for the accommodation of the dominant tenement, i.e. it must benefit the land itself, and not merely the owner in a personal capacity. If the benefit has no normal connection with the ordinary use of the land it cannot be said to accommodate it.

3.The ownership or occupation of both lands generally speaking, must be in the hands of different persons.

4.Such rights must be capable of forming the subject matter of a grant (e.g. there can be no prescriptive claim to a right of privacy or a grant contrary to public policy).This is expressed in the general rule that all easements lie in grant i.e. it cannot be vague or uncertain and must not amount to ownership or possession of the land or merely be a right of recreation without utility of benefit.

Prescription is the acquisition of such rights by long user over a substantial period of time. Traditionally three methods of prescription were used i.e. (1) at common law, (2) under the doctrine of lost modern grant and (3) under the Prescription Act, 1932. Generally speaking, no matter which method is claimed as the basis for establishing acquisition of rights, a claimant must show user as of right i.e. that he/she has enjoyed the right and the servient owner acquiesced in that user or enjoyment. The use and enjoyment must be for a continuous period which has been interpreted as regular user as opposed to intermittent user.

All news
Have you suffered an injury onboard an airplane?

Cosgrove Gaynard Solicitors set out what your rights are if you have been injured in the course of air travel.

Text Link
ePrivacy Regulation

A further regulation called the ePrivacy Regulation is being proposed to come into effect next year to further protect privacy in regard to electronic communications.

Text Link
Landmark judgment for the treatment of social media data in German court - digital assets

Landmark case for the inheritance of social media pages and other digital assets.

Text Link
Are Ethereum tokens a security?

It is really not for the SEC to determine whether tokens are security; this is to be determined by legislation or for the courts to determine. To date no court has determined whether or not tokens are deemed to be securities. That said it is clear that the SEC has interpreted the matter and are finding tokens to be securities. There is a case currently ongoing in New York which may however become the first court in the world to rule on whether or not tokens are deemed to be securities.

Text Link
Why ICO & Why ICO in Ireland?

Initial Coin Offerings (ICO's) are not just for technology companies . They are often the beginning of a digital revolution for existing Companies which are already established In their field whether it be healthcare, insurance, property or another industry. Despite some bad press, the tightening of regulation in jurisdictions such as in the US, and indeed Facebook and Twitter banning advertisements , money has been pouring into the ICO market with $3 billion raised through ICOs in the first two months of this year. This is half the value of all funds raised throughout 2017, according to Coindesk data.

Text Link