Civil Law (Miscellaneous Provisions) Act 2011

Amendment of Act of 1964 (insertion of section 49A).

41.— The Act of 1964 is amended by the insertion, after section 49, of the following new section:

“Registration of easements and profits à prendre in certain cases.

49A.— (1) Where any person claims to be entitled to an easement or profit à prendre and the relevant requirements set out in sections 33 to 38 of the Land and Conveyancing Law Reform Act 2009 have been met, that person may apply to the Authority and the Authority, if satisfied that there is such an entitlement to the easement or profit à prendre concerned, may cause it, as appropriate, to be—

(a) registered as a burden under section 69(1)(jj),

(b) entered in the register pursuant to section 82 or, in the case of a profit à prendre in gross, in the register of ownership maintained under section 8(b)(i).

(2) Subsection (1) applies only in relation to claims in respect of which—

(a) the land benefited by the easement or profit à prendre, to which other land is subject, is registered land, or

(b) the claim is made as part of an application for first registration of that land.”.