Recording | Land Law Update: the new law on prescriptive easements, and the new affordable dwelling schemes.

Introduction

Two new pieces of legislation will have a considerable impact on conveyancing practice. The Land and Conveyancing Law Reform Act, 2021 is the latest attempt to reform the law of prescriptive easements which has dogged conveyancing practice since 2009. The Affordable Housing Act, 2021 introduces new affordable dwelling schemes which have implications for residential conveyancing.

Learning Outcomes

An attendee at this webinar will learn about:

Prescriptive Easements

• The new rules on acquisition of easements by prescription laid down by the Land and Conveyancing Law Reform Act 2021 applicable from 30 November 2021.
• The doctrine of lost modern grant – the basis of these new rules.
• Modification of the doctrine of lost modern grant in respect of easements claimed against State lands.
• The continuance of easements qualifying under the law applicable prior to the Land and Conveyancing Law Reform Act 2009 immediately prior to the coming into effect of that Act.
• The abolition – arguably before ever taking effect – of the 12-year prescriptive period contemplated by the Land and Conveyancing Law Reform Act 2009
• The implications of the above for practitioners dealing with prescriptive rights.

Affordable Dwelling Schemes

• The two affordable dwelling schemes.
• Purchasers eligible to qualify for the schemes.
• The “affordable dwelling equity”.
• The priorities between bank borrowings and the affordable dwelling equity.
• Steps in the conveyancing process where the schemes are availed of.
• Redemption of the affordable dwelling equity.