Land and Conveyancing Law Reform Act 2021

What is this act about?

This law amends existing legislation concerning how rights over land, specifically easements and profits à prendre, are acquired and extinguished, focusing on the method of prescription. It clarifies the rules for establishing these rights based on long-term use.

Who it applies to: Individuals or entities claiming easements or profits à prendre over land; State authorities, including Ministers of the Government and the Commissioners of Public Works in Ireland, who own land.

Deadlines:

For land owned by a State authority, the prescription period under lost modern grant is 30 years, or 60 years if the land is foreshore.

At a glance

Country: Ireland
Area of law: Other legislation
Articles: 7
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The method for acquiring easements and profits à prendre through prescription.
Additional provisions for acquiring these rights when the land is owned by a State authority or was formerly foreshore.
The extinguishment of easements and profits à prendre.
The process for registering these rights with the Property Registration Authority.

Who does this act apply to?

Individuals or entities claiming easements or profits à prendre over land.
State authorities, including Ministers of the Government and the Commissioners of Public Works in Ireland, who own land.

What are the key points?

Easements or profits à prendre can be acquired by prescription according to the law before December 1, 2009, if the prescription period was completed by then.
If the prescription period was not completed by December 1, 2009, acquisition is governed by the doctrine of lost modern grant at common law.
For land owned by a State authority, the prescription period under lost modern grant is 30 years, or 60 years if the land is foreshore.
The common law applies to the extinguishment of easements and profits à prendre.

Other legislation

Appropriation Act 2014

Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996

British-Irish Agreement Act, 1999

Local Government (Planning and Development) Act, 1993

Radiological Protection (Amendment) Act 2018

Censorship of Films (Amendment) Act, 1925

Curragh of Kildare Act, 1961

Performers' Protection Act, 1968

Other legislation

Legal text

Contents (7)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7

Land and Conveyancing Law Reform Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Land and Conveyancing Law Reform Act 2021 Land and Conveyancing Law Reform Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 35 of 2021 LAND AND CONVEYANCING LAW REFORM ACT 2021 CONTENTS Section

Section 1

1.Definitions

Section 2

2.Amendment of law relating to acquisition of easements and profits à prendre by prescription

Section 3

3.Additional provisions relating to acquisition of easements and profits à prendre by prescription

Section 4

4.Extinguishment of easements and profits à prendre

Section 5

5.Amendment of section 49A of Registration of Title Act 1964

Section 6

6.Repeals and savers

Section 7

7.Short title, construction and commencement Acts Referred to Civil Law (Miscellaneous Provisions) Act 2011 (No. 23) Foreshore Act 1933 (No. 12) Land and Conveyancing Law Reform Act 2009 (No. 27) Registration of Title Act 1964 (No. 16) Number 35 of 2021 LAND AND CONVEYANCING LAW REFORM ACT 2021 An Act to amend the law relating to the acquisition of easements and profits à prendre by prescription; to repeal certain provisions of the Land and Conveyancing Law Reform Act 2009 , including section 39 of that Act relating to the extinguishment of easements and profits à prendre; to amend the Registration of Title Act 1964 ; and to provide for related matters. [26th November, 2021] Be it enacted by the Oireachtas as follows:

Definitions 1. In this Act— “Act of 2009” means the Land and Conveyancing Law Reform Act 2009 ; “foreshore” has the meaning assigned to it by section 1 of the Foreshore Act 1933 ; “relevant date” means the 1st day of December 2009, being the date on which Chapter 1 of Part 8 of the Act of 2009 came into operation; “State authority” means a Minister of the Government or the Commissioners of Public Works in Ireland.

Amendment of law relating to acquisition of easements and profits à prendre by prescription 2. Notwithstanding section 34 (repealed by section 6

(1)) of the Act of 2009, an easement or profit à prendre may be acquired by prescription in the following manner: (a) in a case where the prescription period was completed before the relevant date, in accordance with the law that applied to the acquisition of an easement or profit à prendre by prescription before the relevant date; (b) subject to section 3

(1), in a case where the prescription period was not completed before the relevant date, in accordance with the doctrine of lost modern grant as it applies at common law.

Additional provisions relating to acquisition of easements and profits à prendre by prescription 3.(1) (a) Subject to subsection (2), where a claim to an easement or profit à prendre is made in respect of land which is owned by a State authority, the prescription period under the doctrine of lost modern grant shall be— (i) any period of 30 years, or (ii) where the land is foreshore, any period of 60 years, unless the easement or profit à prendre had been acquired before the land was owned by that State authority or any other State authority. (b) Subject to subsection (2), where a claim to an easement or profit à prendre is made in respect of land which was foreshore and has ceased to be foreshore but remains in the ownership of the State, the prescription period under the doctrine of lost modern grant shall be— (i) any period of 60 years, or (ii) any period of 30 years after the land ceased to be foreshore, at the election of the person making the claim.

(2)Subsection (1) shall not apply to a claim that falls under section 2 (a).

Extinguishment of easements and profits à prendre 4. It is hereby declared for the avoidance of doubt that section 39 (repealed by section 6

(1)) of the Act of 2009 was without prejudice to the application of the common law with regard to the extinguishment of an easement or profit à prendre howsoever or whenever acquired and, accordingly, the common law shall apply to such extinguishment.

Amendment of section 49A of Registration of Title Act 1964 5. Section 49A (inserted by section 41 of the Civil Law (Miscellaneous Provisions) Act 2011 ) of the Registration of Title Act 1964 is amended by— (a) the substitution of the following subsection for subsection (1): “(1) Where a person claims to be entitled to an easement or profit à prendre by prescription, the person may apply to the Authority and the Authority, if satisfied that there is such an entitlement to the easement or profit à prendre may, subject to subsections (2) and (3), cause it, as may be appropriate, to be— (a) registered as a burden under section 69(1)(jj), or (b) entered in the register pursuant to section 82 or, in the case of a profit à prendre in gross, in the register of ownership maintained under section 8(b)(i), or both.”, and (b) the addition of the following subsection: “(3) Subsection (2) shall not apply to profits à prendre in gross.”.

Repeals and savers 6. (1) Sections 33 to 39 of the Land and Conveyancing Law Reform Act 2009 are repealed.

(2)Nothing in this Act (including the repeals effected by subsection (1)) shall affect— (a) any proceedings in which a claim to an easement or profit à prendre by prescription is made, or (b) an application for the registration of an easement or profit à prendre under section 49A of the Registration of Title Act 1964 , that are pending upon the coming into operation of this Act (including claims referred to in paragraph (b) of section 38 (repealed by subsection (1)) of the Act of 2009).

Short title, construction and commencement 7. (1) This Act may be cited as the Land and Conveyancing Law Reform Act 2021.

(2)This Act (other than section 5 ) and the Land and Conveyancing Law Reform Act 2009 shall be construed together as one Act.

(3)This Act shall come into operation on the 30th day of November 2021.

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