Prescriptive right of way
Watts, A.
Prescriptive right of way - 2001 - Property Week 66(9) 2 March 2001, 100(1) .
Looks at the three ways in which a prescriptive right can be obtained: under the Prescription Act 1832; by the doctrine of lost modern grant and at common law. Discusses the different rules for each type of prescription. Considers what rights a prescriptive easement gives a buyer and the problems raised by the uncertainty in matters such as a right to enter and repair. Closes with a look at how buyers can protect themselves against the uncertainty raised by having a prescriptive right.
RIGHTS OF WAY
EASEMENTS
PRESCRIPTIVE RIGHTS
PRESCRIPTION ACT 1832
COMMON LAW
LOST MODERN GRANT
UNCERTAINTY
Prescriptive right of way - 2001 - Property Week 66(9) 2 March 2001, 100(1) .
Looks at the three ways in which a prescriptive right can be obtained: under the Prescription Act 1832; by the doctrine of lost modern grant and at common law. Discusses the different rules for each type of prescription. Considers what rights a prescriptive easement gives a buyer and the problems raised by the uncertainty in matters such as a right to enter and repair. Closes with a look at how buyers can protect themselves against the uncertainty raised by having a prescriptive right.
RIGHTS OF WAY
EASEMENTS
PRESCRIPTIVE RIGHTS
PRESCRIPTION ACT 1832
COMMON LAW
LOST MODERN GRANT
UNCERTAINTY