Deadline for registration of prescriptive easements
Practitioners are reminded that the deadline for registration of easements (which includes rights of way) and profits à prendre was extended, following representations made by the Law Society, by section 38 of the Civil Law (Miscellaneous Provisions) Act 2011 by substituting ‘within 12 years’ for ‘within three years’ in section 38(b) of the Land and Conveyancing Law Reform Act 2009.
This means that applicants for registration have until 30 November 2021 to register (instead of 30 November 2012, as had been the case prior to the 2011 amending legislation). Practitioners are referred to the committee’s note on p12 of the July 2011 Gazette.
For full details on how to make an application for registration, practitioners should consult the PRA practice direction ‘Registration of easements and profits à prendre acquired by prescription under section 49A’, available on its website, .