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Easement and prescription

Series: Estates Gazette ; [2001] 28 EG 143 (CS) (14/7/01)Publication details: 2001Subject(s): Summary: "Smith v Brudenell-Bruce and another", ChD 2 July 2001, examined a claim to a right of way based upon the Prescription Act 1832 and the doctrine of lost modern grant. The defendant (B) had disputed the claimant (S)'s use of the right of way after tolerating its use for 23 years. S continued use of the track and later claimed the right of way was 'as of right'. The claim succeeded under the doctrine of lost modern grant.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article WB3728-01 (Browse shelf(Opens below)) 1 Available 113681-1001

"Smith v Brudenell-Bruce and another", ChD 2 July 2001, examined a claim to a right of way based upon the Prescription Act 1832 and the doctrine of lost modern grant. The defendant (B) had disputed the claimant (S)'s use of the right of way after tolerating its use for 23 years. S continued use of the track and later claimed the right of way was 'as of right'. The claim succeeded under the doctrine of lost modern grant.