Easements and Profit-à-Prendre – Legal Office Notice No. 3 of 2006
Grant or reservation of an easement or profit-à-prendre out of registered freehold land without words of limitation
On the 26th day of May 2006 the Minister for Justice Equality and Law Reform signed a Commencement Order in respect of, inter alia Section 70 of the Registration of Deeds and Title Act 2006. Section 70 amends section 123 of the 1964 Act (words of limitation) by dispensing with words of limitation in respect of the granting and conveying of easements and profits à prendre as well as the transfers referred to in Section 123. The section clarifies a doubt as to whether section 123 applies to the granting of such interests.
The effect of the amendment is that where no words of limitation, (e.g. “ his heirs and assigns” or “in fee simple”) are used, the benefit of such easement or profit clearly passes to the successors in title of the grantee and do not cease on his or her death. Accordingly Form 67 of the Land Registration Rules 2012 (grant of right of way), does not include words of limitation.
Applications for cancellation of such burdens created by deed dated after the 26th day of May 2006, on the grounds that the benefit did not pass to the successors in the title of the grantee as no words of limitation were used, are ill-conceived and are to be rejected. Applications for cancellation of such burdens created by deed dated before the 26th day of May 2006 on the grounds that the benefit did not pass to the successors in the title of the grantee as no words of limitation were used are to be passed to the Divisional Manager for direction.
31st of May 2006
Updated 26 May 2014