The Irish Farmers' Association (IFA) has said that all relevant stakeholders must be included in the review process around rights of way.

The Land and Conveyancing Law Reform Act 2021, which removes immediate problems around rights of way, came into operation on Tuesday, November 30.

It repealed a number of changes to the law on prescriptive easements under the Land and Conveyancing Law Reform Act 2009, which were due to take effect on Wednesday, December 1.  

Minister for Justice, Helen McEntee said that “this urgent act” averts a “legal cliff-edge” that was due to occur on December 1, when “major changes to the law on private rights of way and other prescriptive rights were due to come into effect”.

The minster said this act protects acquired rights and acquired years of use.

Common examples of prescriptive easements include:

IFA Farm Business Committee chair, Rose Mary McDonagh has acknowledged the change in the law regarding rights of way and easements.

She said:

As well as repealing the major changes due to take effect on December 1, the Land and Conveyancing Law Reform Act 2021 provides that:

The IFA said it and other stakeholders, including the Law Society, had highlighted to government the "unworkable" situation that would have occurred if the existing law was not amended before the November deadline.

Minister Helen McEntee has committed that the government will carry out a review to examine if any changes are needed in this area of law.

"The minister has to ensure that all relevant stakeholders, including the IFA, are included in this review process," Rose Mary McDonagh said.