A profit a prendre in another man’s soil cannot be claimed by custom, however ancient, uniform, and clear the exercise of that custom may be; and that a right to carry away the soil of another, without stint, cannot be claimed by prescription. ‘The easement in this case is a public right of ‘footway’ and ‘A prescription, to be good, must be both reasonable and certain. . and this alleged prescription seems to me to be neither. Thus, a claim of a common without stint annexed to a messuage without land is bad.’
Judges:
Byles J
Citations:
(1861) 2 FandF 570, 27 Law J Ch 761
Jurisdiction:
England and Wales
Land
Updated: 06 December 2022; Ref: scu.259536