Podcast
Questions and Answers
What is the time period for claiming easement by prescription against the crown?
What is the time period for claiming easement by prescription against the crown?
- 20 years
- 30 years
- 60 years (correct)
- 40 years
What is the doctrine that supports the claim of easement by prescription?
What is the doctrine that supports the claim of easement by prescription?
- Doctrine of Easement by Necessity
- Doctrine of Prescription Act
- Doctrine of Lost Modern Grant (correct)
- Doctrine of Common Law Presumption
What is the primary basis for acquiring an easement by prescription?
What is the primary basis for acquiring an easement by prescription?
- Grant by the landowner
- Long use or enjoyment of the property (correct)
- Forceful occupation
- Permission from the government
What is necessary to fulfill the requirements of easement by prescription?
What is necessary to fulfill the requirements of easement by prescription?
What is the time period for claiming easement by prescription for private claims?
What is the time period for claiming easement by prescription for private claims?
What is the underlying principle behind acquiring an easement by prescription?
What is the underlying principle behind acquiring an easement by prescription?
What is the main difference between a common law presumption and a prescription claim?
What is the main difference between a common law presumption and a prescription claim?
Why is secrecy not a requirement for acquiring an easement by prescription?
Why is secrecy not a requirement for acquiring an easement by prescription?
What is the significance of the 'Doctrine of Lost Modern Grant' in the context of easement by prescription?
What is the significance of the 'Doctrine of Lost Modern Grant' in the context of easement by prescription?
What is the primary role of the 20-year period in acquiring an easement by prescription?
What is the primary role of the 20-year period in acquiring an easement by prescription?
Study Notes
Prescription Act 1832
- Easement claimed: 20 yrs for private claims, 30 yrs for puscic, 60 yrs for against the crown
Easement by Prescription
- A right acquired by long use or enjoyment of a property
- Based on the principle that if a person has been using an easement through a piece of land for a long time without objections, they have a legal right to continue using it
Doctrine of Lost Modern Grant
- 3 requirements of easement prescription:
- The use must not be by permission, it should be a right
- The use must not be a secret, the owner must be aware
- The use must not be by force
Common Law Presumption
- Easement claimed if a person uses property uninterrupted for 20 yrs and fulfils the requirements
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Description
Learn about the Easement by Prescription Act 1832, including the requirements for acquiring a right through long use or enjoyment of a property. Discover the key principles and restrictions of this act. Test your knowledge of this important law.
