LRA Easements and Profits A Prendre – Acquisition of easement by prescription; easement on foot over existing right of way granted by deed; identification of the dominant tenement; whether user as of right; whether such user was permissive and/or continuous; Prescription Act 1832, section 4; period next before suit or action; Limitation Act 1980, sections 15(1), 38
Edward Cousins Adj
 EWLandRA 2011 – 0331
Prescription Act 1832 4, Limitation Act 1980 15(1) 38
England and Wales
Cited – Harris v Flower CA 1904
The servient land-owner alleged an excessive user by which it was attempted to impose an additional burden on the servient tenement in the use of a right of way for obtaining access to a factory erected partly on the land to which the right of way . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.510152