IrelandCan I claim prescriptive easement over my neighbour's land?
Yes, you may claim a prescriptive easement over your neighbour's land in Ireland if you have used it openly, continuously, and without permission for at least 12 years before 1 December 2009, or for 12 years after that date under the new rules.
What the Law Says
The Land and Conveyancing Law Reform Act 2009 changed the rules for acquiring easements by prescription in Ireland. It sets out clear conditions and timeframes for claiming such rights.
Before the 2009 Act, prescriptive easements could arise under common law or the Prescription Act 1832. The 2009 Act replaced those rules with a single statutory framework.
To acquire a prescriptive easement now, you must show continuous, open, and unchallenged use of your neighbour’s land — without their express permission — for a full 12-year period.
The start date of the 12-year period depends on when the use occurred: if it ended before 1 December 2009, the old law applied; if it ended on or after that date, the new rules in section 33 apply.
Statutory TextNo right of way or other easement shall be acquired by prescription unless the person claiming the right has enjoyed it openly, without interruption, and as of right for a period of twelve years.
— Land and Conveyancing Law Reform Act 2009, s. 33 — Acquisition of easements by prescription
What to Do
Check whether your use of the land has been open, continuous, and without your neighbour’s permission for at least 12 years.
Gather evidence — e.g., photos, witness statements, maps, or old correspondence — showing the nature and duration of your use.
Consult a solicitor to assess whether your claim meets the legal test in section 33 and to prepare formal notice or court application if needed.
If your neighbour objects, you may need to apply to court for a declaration confirming the easement.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.