Thanks to Brigid for highlighting this issue.
The Act is the
LAND AND CONVEYANCING LAW REFORM ACT 2009
It is already written into law and I have referred to is in several posts in relation to Party Wall Structures, Chapter Three.
Here are two online versions of the Act
http://www.irishstatutebook.ie/2009/en/act/pub/0027/index.html
http://www.irishstatutebook.ie/2009/en/act/pub/0027/index.html
The latter has an explanatory memorandum
Here is a commentary on part of the Act, but please read the Oireactas Business Written Answers extract at the bottom.
From
http://www.pierfitz.ie/index.php/new-act-may-extinguish-existing-rights-of-way
New Act may extinguish existing Rights of Way?
"Effectively the new act means that people with unregistered rights of way and other easements have from the 1st of December 2009 until the 1st of December 2012 to register their rights in the Land Registry. If they don’t then their right may be extinguished and the time period for re-acquiring that right legally starts from the 1st of December 2009 with previous use being considered irrelevant. The result could be the complete loss of the right of way."
Readers of AAM might also like to note.
"It is important to point out that rights of way are not the only rights that may be extinguished, other easements such as the right to light, cut turf, drainage and other utilities will also be extinguished. Borrowing wisdom from an old saying, “ A stitch in time saves nine” I suggest that if you think you have a right over someone else’s land then be sure to consult your solicitor and find out how the new Land and Conveyancing Law Reform Act 2009 affects you."
I am not affiliated to the company whose page I quoted - they came up in a Google search and it seems to be a reasonable plain English explanation.
Its quite clearly not a full explanation, merely a heads-up, but one which may be important for some people.
This appears to be a more detailed commentary
[broken link removed]
However no sooner did this issue arise than people began to lobby for an extension of time in this regard leading to this recent exposition of the matter in the current Dáil on 26th May 2011
http://debates.oireachtas.ie/dail/2011/05/26/00070.asp
Reply from the Minister for Justice and Equality (Deputy Alan Shatter) -
"Late last year the Law Society made a submission to my Department containing proposals to amend the 2009 Act with a view to simplifying the procedures for registering easements acquired by prescription. During subsequent discussions involving my Department, the Law Society and the Property Registration Authority, agreement was reached on the outline of a draft scheme whereby the Authority would be empowered to register such easements without a court order under section 35 of the 2009 Act on being satisfied that the claim had been substantiated.
In order to give statutory effect to the proposed scheme, amendments to the Registration of Title Act 1964 and the Land and Conveyancing Law Reform Act 2009 will be required. I intend therefore to include the necessary amendments to both Acts in the forthcoming Civil Law (Miscellaneous Provisions) Bill which will be published later this year. I intend also to take advantage of this legislation to extend from 3 years to 12 years the period referred to in section 38 of the 2009 Act during which easements acquired, or in the course of acquisition, prior to 1 December 2009 may be registered."
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So don't panic, but don't rest on your laurels either.
ONQ.
[broken link removed]
All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.