PRESCRIPTION ACT 1832 (IMP) - SECT 2
PRESCRIPTION ACT 1832 (IMP) - SECT 2
2. In claims of right of way or other easement the periods to be 20 years and 40 years
And be it further
enacted, that no claim which may be lawfully made at the common law, by
custom, prescription, or grant, to any way or other easement, or to any
watercourse, or the use of any water, to be enjoyed or derived upon, over, or
from any land or water of our said lord the King, his heirs or successors, or
being parcel of the Duchy of Lancaster, or of the Duchy of Cornwall, or being
the property of any ecclesiastical or lay person, or body corporate, when such
way or other matter as herein last before mentioned shall have been actually
enjoyed by any person claiming right thereto without interruption for the full
period of twenty years, shall be defeated or destroyed by showing only that
such way or other matter was first enjoyed at any time prior to such period of
twenty years, but nevertheless such claim may be defeated in any other way by
which the same is now liable to be defeated; and where such way or other
matter as herein last before mentioned shall have been so enjoyed as aforesaid
for the full period of forty years, the right thereto shall be deemed absolute
and indefeasible, unless it shall appear that the same was enjoyed by some
consent or agreement expressly given or made for that purpose by deed or
writing.
[ 3. Deleted in WA: 1 & 2 Edw VII No. 29 s.
5.] 4