Q&As

A grants a right of way to B. B purports to grant a licence to C to use the right of way but it appears that the licence is invalid because C’s use of the right of way is not for the benefit of the dominant land, as defined in the deed of grant. If C claims a prescriptive easement, could the licence granted by B defeat the claim?

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Published on LexisPSL on 23/08/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A grants a right of way to B. B purports to grant a licence to C to use the right of way but it appears that the licence is invalid because C’s use of the right of way is not for the benefit of the dominant land, as defined in the deed of grant. If C claims a prescriptive easement, could the licence granted by B defeat the claim?

An easement may be established by prescription in any one of three ways:

  1. prescription at common law

  2. prescription under the doctrine of a lost modern grant

  3. 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:

  1. force

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