Prescriptive easements and profits: Another cliff edge?

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Mee, John
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Irish Legal Information Initiative
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This article assesses the problems that arise in relation to potential prescriptive easements and profits as 30 November 2021 approaches. This date represents the end of the 12-year transition period provided for in Pt 8 of the Land and Conveyancing Law Reform Act 2009 (“LCLRA”), as amended by the Civil Law (Miscellaneous Provisions) Act 2011. It is not possible in a short article to consider all the issues that arise in relation to the relevant statutory provisions. The article concentrates on the aspects of the legislation that create pressure to litigate before the deadline. In formulating its own proposals in this area, the English Law Commission sensibly identified the avoidance of litigation as one of its key objectives. Litigation with a neighbour is generally painful, and litigation over alleged prescriptive easements tends to be especially acrimonious and difficult. In the current circumstances of a pandemic, the stirring up of litigation is impossible to defend.
Property , Easements , Profits , Litigation , Land and Conveyancing Law Reform Act 2009 , Transitional provisions , Lost modern grant
Mee, J. (2021) 'Prescriptive easements and profits: Another cliff edge?', Conveyancing and Property Law Journal, 2021(1), pp. 11-17.
© 2021, John Mee.