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ARTICLE · 14 OCTOBER 2021

Why Are We Hearing About Rights Of Way?

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On 21 September the Minister for Justice, Heather Humphreys TD, announced that the Cabinet had approved the drafting of a new law which would halt for now what would have been...

IrelandReal Estate and Construction
Patrick Ahern
Patrick Ahern
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On 21 September the Minister for Justice, Heather Humphreys TD, announced that the Cabinet had approved the drafting of a new law which would halt for now what would have been a significant change to the law relating to easements, due to come into effect from 30 November 2021.  

Unlike the prominent Northern politician who was quoted in the Irish Examiner on 20 September as having said “when we are able to make easements, we have to measure those easements”, our Justice Minister was referring to the term in property law which effects many properties, residential and business alike, in one way or another. Take the straightforward example of a semi-detached house in a modern housing estate. It is highly likely that the deed to the house or site, transferring ownership from the developer into the first house owner, also contained rights for the site, which would benefit whoever owns the site now or in the future. These would allow the owner of the site to tap into and

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