Plaintiff claimed a right of common by prescription, in respect of a que estate in land, and also by thirty and sixty years’ enjoyment by the occupiers of the land. Defendant offered evidence that A., now deceased, while tenant of the land for years, had declared that he had no such right in respect of the land.
Held: That the declaration was not admissible in evidence, inasmuch as it was in derogation of the title of the reversioner
Citations:
[1855] EngR 515, (1855) 5 El and Bl 166, (1855) 119 ER 443
Links:
Jurisdiction:
England and Wales
Land, Evidence
Updated: 23 November 2022; Ref: scu.292437