Rights of way and the rights of squatters are among the matters dealt with in three new reports from the Law Reform Commission, which are published today.
They arise from a request from the Attorney General in 1987 to examine land law and conveyancing, especially in areas which could lead to savings for house purchasers.
The commission then established a working group on conveyancing and land law, which discussed reforms which could reduce delays and unnecessary complications in conveyancing transactions. These have now been presented in the form of three reports, each of which contains draft bills.
They cover the areas of "Easements and Profits a Prendre", which includes rights of way; "Title by Adverse Possession", which essentially relates to squatters; and "Positive Covenants over Freehold Land and other Proposals".
The kind of "easements" which have traditionally been recognised by the courts in disputes between neighbours include rights of way, rights of water and rights of light. The report points out that this is a significant area of the law in terms of the bad feeling engendered among parties, and the aim of its proposals is to reform and simplify the way in which such "easements" are acquired and extinguished.
Referring to the rights of "squatters", the report says the people referred to usually fall under one of four categories: a family member holding property where the previous owner died intestate, often the person regarded as having a moral right to the land; a person who encroached on neighbouring land, often inadvertently and due to the inadequacy of old maps; a person who had a defective paper title due to the way the conveyance was drafted; and a person who took possession of land that was effectively abandoned.
The purpose of reforming legislation would be to clarify the titles to land where they were uncertain in these kinds of circumstances, and this could free land for development.
The Law Reform Commission is also publishing a consultation paper on another area of land law today; that relating to business tenancies. It says there is a need for reform in this area, which contains a lot of obsolete provisions. Gaps also need to be filled, and the existing law consolidated and made more easily understood.
There will be a consultation process with interested parties before a final report is produced.