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Prescriptive right of way

By: Contributor(s): Series: Property Week ; 66(9) 2 March 2001, 100(1)Publication details: 2001Subject(s): Summary: 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.

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.