LRA Right of way by prescription established on facts under the doctrine of lost modern grant. No absolute rule that non-user for over a year defeats a claim based on 20 years user.
Hollins v Verney (1884) 13 QBD 304, Tehidy Minerals v Norman,  2 QB 528 and Mills v Silver,  1 Ch 271 applied.
Question how the expression ‘next before some suit or action’ in s.4 of the Prescription Act 1832 applies in a dispute referred by the Chief Land Registrar to the Adjudicator.
 EWLandRA 2010 – 0239
England and Wales
Updated: 21 April 2021; Ref: scu.465852