Easement and prescription
Easement and prescription
- 2001
- Estates Gazette [2001] 28 EG 143 (CS) (14/7/01) .
"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.
PRESCRIPTION ACT 1832
LOST MODERN GRANT
SMITH V BRUDENELL-BRUCE AND ANOTHER
PRESCRIPTION
EASEMENT
"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.
PRESCRIPTION ACT 1832
LOST MODERN GRANT
SMITH V BRUDENELL-BRUCE AND ANOTHER
PRESCRIPTION
EASEMENT