Q&As

A has parked on B’s land as of right for over 20 years. B then consents to continued use. Does this prevent a claim under the Prescription Act? If so, could A succeed under the doctrine of lost modern grant?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on LexisPSL on 21/12/2016

The following Property Q&A Produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:

  • A has parked on B’s land as of right for over 20 years. B then consents to continued use. Does this prevent a claim under the Prescription Act? If so, could A succeed under the doctrine of lost modern grant?
  • Prescription Act 1832
  • Doctrine of lost modern grant

For the purposes of this Q&A, we have assumed the easements are registered on the title.

Prescription Act 1832

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:

  1. 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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