Farmers have until 30 November to register rights of way

Farmers have until 30 November to register rights of way

Concerns have been raised over the imminent changes of how rights of way are registered.

From 30 November new changes will mean that all private rights of way need to be registered before the deadline.

However, it is estimated half of all rights of way remain unregistered.

The Law Society of Ireland has sought a six-year extension to the introduction of the act, which was already delayed by nine years. 

It recommends the Government should put back the deadline while the complexity of the issues arising are examined in more detail. 

Farmers enjoying use of a right of way to access their property or farm through long usage have to ensure it is registered to enjoy the benefits before the deadline.

If there is no dispute with the landowner over the right of way a Deed of Right of Way can be drafted by a solicitor and a Land Registry compliant map made marking the right of way. After being signed by the landowner and the person being given the right of way it can be registered in the Land Registry.

Or where there is a requisite period of 20 years, a direct application can be made to the Land Registry with a Form 68, which is served on the landowner. However, the registration will not proceed if the landowner objects.

The third option if a dispute has occurred over a right of way is to make an application to court. If the claimant has 20 years as a user then proceedings need to be initiated by the deadline.