Acquisition of easements by long use


Published by a ³ÉÈËÓ°Òô Property Disputes expert
Practice notes

Acquisition of easements by long use


Published by a ³ÉÈËÓ°Òô Property Disputes expert

Practice notes
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This Practice Note looks at the acquisition of easements by prescription (long user) at common law, under the doctrine of lost modern grant, and by statute (under the Prescription Act 1832). It covers how a claim is established under each of these methods, the extent of the right acquired and additional factors to be taken into consideration when either the dominant or the servient tenement is subject to a tenancy. It also considers whether an easement acquired by long use can be protected by registration at HM Land Registry.

Presumed grant

An easement may be established by long use:

  1. •

    at common law

  2. •

    under the doctrine of lost modern grant (a species of common law prescription)

  3. •

    by statute (under the Prescription Act 1832 (PA 1832))

The doctrine of prescription is a mode of establishing an easement, not creating one. It is based on the presumption of a grant, ie that the easement has validly existed before the claim is made, but has been lost or destroyed. The presumption arises from the fact of

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

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