LAND LAW Essay Example | Topics and Well Written Essays - 2000 words

degrade LAW - Essay Examplee possession or enjoyment had been carried back as removed as living memory would go, that a conceding had once existed which had since been lost. A presumption of lawful allot can be made either at common law, by lost modern succumb or under the Prescription Act 1832. Claims are usually made under all one-third methods2.When applying the doctrine of prescription at common law, such an easement is only presumed where the appropriate drug user has existed from snip immemorial. The limit of legal memory for this presumption was usage from 1189 but as it is normally impossible to turn in actual proof dating this far back it has been commonly accepted on the basis of indicate as a long user3. The difficulty with this is that such a presumption can be rebutted as occurred in Hubert v Dale 19094 where the plaintiff was able to show that the right claimed had not existed or could not withstand existed since 1189.Due to the difficulties with the common l aw approach to prescription and the possibilities of rebuttal the principal of lost modern concession was formed. Under this heading there is a presumption that if the user has used the easement for a intent of 20 years that the deed of grant to use the kill has been lost. This makes the presumption that a lawful grant was previously in existence and therefore the user should be entitled to continue using the land in the manner he has been doing. The case of Tehidy Minerals Ltd v Norman 19715 settled that the presumption cannot be rebutted stock-still by direct evidence that no grant was ever made. If another explanation for the user is as possible, than a grant should not be presumed6. It was decided in Neaverson v Peterborough RDC 19027 that the presumption can be rebutted if it can be established that no lawful grant could have been made at all relevant time.The Prescription Act 1832 gives rights to subsequent purchasers of the land. Section 2 of the Act takes the view that if a user has enjoyed the right without interruption for 20