Q&As

Can a new land owner make use of an historical right of way?

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Published on LexisPSL on 30/11/2015

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

  • Can a new land owner make use of an historical right of way?

The doctrine of lost modern grant is useful where the enjoyment of the land does not continue up to the commencement of the action (in contrast to the position under the Prescription Act 1832). A prescriptive easement under this doctrine may arise if it can be established that there has been upwards of 20 years' uninterrup

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