EASEMENTS AND PROFITS A PRENDRE
Easements and profits a prendre may be created by grant or statue or may exist by custom. A grant may be express, presumed, or in the case of easements, implied. A presumed grant may be based on the doctrine of prescription at Common Law, or on the doctrine of a lost modern grant, or may arise under the Prescription Act, 1832 (c.71), p. 823.
THE PRESCRIPTION ACT, 1832
(2 & 3 Will. 4, c. 71)
An Act for shortening the Time Prescription in certain cases [1 st August, 1832]This Act was one of the Acts commonly referred to as Lord Tenterden's Acts before the Short Titles Act, 1896 (c.14), was passed, which gave the present short title.
[1.] Claims to right of common and other profits a prendre, (except tithes, etc.), not to be defeated after thirty years enjoyment by merely showing the commencement of the right - After sixty years enjoyment the right to be absolute, unless shown to be had by consent or agreement.
[2.] In claims of rights of way or other easements the periods to be twenty years and forty years.
[3.] Right to the use of light enjoyed for twenty years, indefeasible, unless shown to have been by consent. -
When the access and use of light to and for any dwelling house, workshop, or other building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
[4.] The periods to be those next before the suit or action -
What shall constitute an interruption
[5.] What claimant may allege.
[6.] No presumption to be allowed.
[7.] Proviso where any person capable of resisting a claim is an infant etc.
[8.] Time to be excluded in certain cases in computing the term of forty years appointed by this Act.
[9.] Extent of Act.
|Rights of light - Legal issues|
|The effect of loss of light - The Telephone House Development, Tunbridge Wells|