Land And Conveyancing Law Reform Act 2009

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PART 8

Appurtenant Rights

Chapter 1

Easements and profits à prendre

Interpretation of Chapter 1.

33.— In this Chapter, unless the context otherwise requires—

“dominant land” means land benefited by an easement or profit à prendre to which other land is subject, or in respect of which a relevant user period has commenced; and “dominant owner” shall be read accordingly and includes that owner’s predecessors and successors in title;

“foreshore” has the meaning given to it by section 2(1) of the Act of 1957;

“interruption” means interference with, or cessation of, the use or enjoyment of an easement or profit à prendre for a continuous period of at least one year, but does not include an interruption under section 37 (1);

“period of non-user” means a period during which the dominant owner ceases to use or enjoy the easement or profit à prendre;

“relevant user period” means a period of user as of right without interruption by the person claiming to be the dominant owner or owner of profit à prendre in gross—

(a) where the servient owner is not a State authority, for a minimum period of 12 years, or

(b) where the servient owner is a State authority, for—

(i) a minimum period of 30 years, or

(ii) where the servient land is foreshore, a minimum period of 60 years;

“servient land” means land subject to an easement or profit à prendre, or in respect of which a relevant user period has commenced; and “servient owner” shall be read accordingly and includes that owner’s predecessors and successors in title;

“State authority” means a Minister of the Government or the Commissioners of Public Works in Ireland;

“user as of right” means use or enjoyment without force, without secrecy and without the oral or written consent of the servient owner.