Prescription - what is it for?

Sara, C.

Prescription - what is it for? - 2004 - Conveyancer and Property Lawyer (68) January/February 2004, 13-18(6) .

Examines prescriptive rights enshrined in common law asking whether they are still necessary in the light of international conventions and agreements setting out fundamental human rights. The Land Registration Act 2002 moves away from the principle of adverse possession whilst still recognising proprietary rights. Lord Hoffman in "R v Oxfordshire CC ex p Sunningwell Parish Council" (HL, Abs60977) stresses the importance of rules of prescription.


PRESCRIPTIVE RIGHTS
PRESCRIPTION
ADVERSE POSSESSION
R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
LAND REGISTRATION ACT 2002
COMMON LAW
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
CHARTER OF FUNDAMENTAL RIGHTS
HUMAN RIGHTS ACT 1998
DALTON V ANGUS AND CO