The Department of Justice has sought the advice of the Attorney General in order to find a solution to the upcoming rights of way deadline, Minister for Justice Heather Humphreys has said.

New legislation will come into force on 1 December regarding rights of way, which means that all private rights of way need to be registered by 30 November.

Last month, the Irish Farmers Journal revealed that it is estimated that half of all rights of way remain unregistered.

In response to a parliamentary question from Cork southwest TD Christopher O’Sullivan, Minister Humphreys said that stakeholders, including the Law Society of Ireland and the Bar Council, have expressed concerns about problems that will arise from the ending of the transition period.

“My officials are engaging on an urgent basis with stakeholders and are seeking the advice of the Attorney General on solutions to avert those problems.

“It is likely that an interim solution will require urgent legislation to be enacted before the end of November,” she said.


The Land and Conveyancing Law Reform Act 2009 provided for a wide-ranging reform and modernisation of land law and conveyancing law, Minister Humphreys said.

“Part eight of the 2009 Act introduced changes to the law concerning prescriptive easements, including rights of way, based on the recommendations of the Law Reform Commission. The Act provides for a transition from the old law on prescriptive easements to the new law.

“The transition period is due to come to an end in November,” she added.


The Irish Farmers Journal held a webinar on rights of way last month.

You can watch it back here.