Reform of the law on the acquisition of easements and profits à prendre by prescription
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Accepted version
Date
2005-07
Authors
Mee, John
Journal Title
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Publisher
Sweet & Maxwell/Round Hall
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Abstract
Examines the recommendations in the Law Reform Commission Report on the Acquisition of Easements and Profits a Prendre by Prescription. Reviews the current law on common law prescription, the doctrine of lost modern grant and statutory prescription. Summarises the Law Reform Commission proposals, focusing on the rejection of the abolition of all forms of prescription and a proposed presumption of abandonment arising from a twelve year period of non user. Argues for the compulsory registration of any easement or profit established by prescription and for the extinguishment of an easement or profit acquired by prescription if it has not been used for 12 years unless the right has been registered as a burden on the servient land. Discusses transitional arrangements and notes similar issues arising in relation to easements created by implied grant or reservation.
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Keywords
Easements , Ireland , Prescription , Profits a prendre , Real property
Citation
Mee, J. (2005) 'Reform of the Law on the Acquisition of Easements and Profits à Prendre by Prescription', Dublin University Law Journal, 27 (1), pp. 86-112.
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Copyright
© 2005. This is a pre-copyedited, author-produced version of an article accepted for publication in Dublin University Law Journal following peer review. The definitive published version [Mee, J. (2005) 'Reform of the Law on the Acquisition of Easements and Profits à Prendre by Prescription', Dublin University Law Journal, 27 (1), pp. 86-112] is available online on Westlaw IE