The Conveyancing Committee has raised concerns that, with the imminent repeal of the sections of the Land and Conveyancing Reform Act 2009 dealing with prescriptive easements, applications for registration under Section 49A might be rejected by the PRA to the prejudice of applicants who would not be able to resubmit a claim under the existing law after 30 November 2021. The PRA have provided the following confirmation:-

"The direction issued to staff is that, during the period up to 30 November 2021, applications pursuant to Section 49A of the Registration of Title Act 1964, which are not in order, are not to be immediately rejected. Instead, queries are to be raised in accordance with Rule 12(1).

A period of at least one month is allowed for receipt of satisfactory replies. If satisfactory replies have not been received, a warning of the possible abandonment of the application will issue to the lodging party.

The lodging party will be given a further period of 21 days to address the queries raised. Five days are allowed for receipt of this notice. If satisfactory replies are not received within this period, the application may be abandoned.

If a practitioner experiences a particular difficulty in addressing a query raised, they should write to the officer handling the case, explain the difficulty, and request an extension of time. Further time will usually be afforded, within reason.

Applications later re-lodged will be processed on the basis of the law as it applies from the commencement of the Land and Conveyancing Law Reform Bill.”