Rights of Way Update - 2021 Registration Obligation
The 30th of November 2021 has been a date that many have feared for some time with regard to the registration of rights of way. I recall writing an article for the Farmers Journal back in 2011 noting the requirement to register rights of way had been extended to November 2021. Never did I think it would come around so quickly.
Prior to the 2009 Land and Conveyancing Reform Act if you wished to register a right of way you had to prove 20 years use – for private rights of way rather than state rights of way. The 2009 Act introduced a new requirement to register those rights on your title by the 30th of November 2012. This was later extended to the 30th of November 2021 and allowed all of us a breather to get titles ready for the next date – in 3 months time.
Will it be extended?
According to the PRA (Property Registration Authority) the deadline will not be extended.
What if I miss the deadline?
If you don’t have your right of way registered by that date then you will need to prove that you used the right of way for the previous immediate 12 years. Any breaks in usage will defeat your application.
What do I need to do now?
Speak to your solicitor about the process, get an engineer/surveyor to draw out the right of way on land registry maps and then lodge your application with the Property Registration Authority well in advance of the 30th of November 2021.
More details –
As I mentioned my first article on this topic appeared many years ago in the Farmers Journal and that publication now also has an excellent article on the topic through this link –
There is also a very informative video on the Property Registration Website to explain the new rules and the process involved - https://youtu.be/3x6Tv3R_iSc