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Prescription - what is it for?

By: Series: Conveyancer and Property Lawyer ; (68) January/February 2004, 13-18(6)Publication details: 2004Subject(s): Summary: 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.

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.