The freehold owner sought to recover possession of a pew in a parish church. He brought evidence that for more than 70 years he and his family had used it, repaired it, and kept it under lock and key.
Held: A legal origin for the use ought to be presumed. This was despite a suggestion that more than 200 years before possession of the pew had been acquired unlawfully. Where there has been long enjoyment of a right, the right should be presumed to have a lawful origin.
Judges:
Lord Herschell
Citations:
[1891] AC 228
Jurisdiction:
England and Wales
Cited by:
Cited – Roland Brandwood and others v Bakewell Management Ltd CA 30-Jan-2003
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription.
Lists of cited by and citing cases may be incomplete.
Land, Ecclesiastical
Updated: 12 July 2022; Ref: scu.179837