Q&As

Can a right of way by prescription be claimed by more than one owner of adjoining land, ie a lane is being used to access a number of properties, therefore can every individual owner of each property claim a right of way by prescription?

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Published on LexisPSL on 19/07/2021

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

  • Can a right of way by prescription be claimed by more than one owner of adjoining land, ie a lane is being used to access a number of properties, therefore can every individual owner of each property claim a right of way by prescription?

Can a right of way by prescription be claimed by more than one owner of adjoining land, ie a lane is being used to access a number of properties, therefore can every individual owner of each property claim a right of way by prescription?

Easements can be established other than by express deed and implied grant through a process known as prescription. Prescription is defined as ‘a title acquired by use or enjoyment had during the time and in the manner fixed by law’.

One of the most common ways that an easement is established by prescription is under the Prescription Act 1832 (PA 1832). By virtue of PA 1832, s 2, an easement can be established by the dominant owner showing twenty year’s use without interruption of the servient land. There is, of course, the proviso that this twenty-year use was not achieved by violence or in secret or is dependent upon the will of another person; namely with consent. See Practice Note: Acquisition of easements by long use.

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