The following Property Q&A Produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:
For the purposes of this Q&A, we have assumed the easements are registered on the title.
The Prescription Act 1832 (PA 1832) established a statutory basis for prescription of easements that exists alongside common law prescription and the doctrine of lost modern grant. The statutory scheme for prescription can be summarised as follows:
Easements other than rights of light: uninterrupted enjoyment for 40 years creates a claim indefeasible other than by express consent. Uninterrupted enjoyment for 20 years gives rise to a claim that cannot be defeated by showing that the right could not have existed since 1180, but could be defeated by any of the other defences available.
Theoretically, therefore, a claim based on 20 years
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