Land And Conveyancing Law Reform Act 2009

Application of sections 34 to 37.

38.— In relation to any claim to an easement or profit à prendre made after the commencement of this Chapter, sections 34 to 37

(a) apply to any claim based on a relevant user period notwithstanding that it is alleged that an additional user period occurred before that commencement,

(b) do not apply to any claim based on a user period under the law applicable prior to the commencement of this Chapter and alleged to have commenced prior to such commencement where the action in which the claim is made is brought within 3 years of such commencement.