The following Property Q&A provides comprehensive and up to date legal information covering:
An easement may be established by prescription in any one of three ways:
prescription at common law
prescription under the doctrine of a lost modern grant
prescription as governed by the provisions of the Prescription Act 1832 (PA 1832)
Our Practice Note: Acquisition of easements by long use sets out the basic requirements which must be satisfied in order to claim an easement by prescription. The user must be ‘as of right’ and not as a result of:
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