Prescription Act 1832
PRESCRIPTION ACT 1832 | ||
CAP. LXXI. | ||
An Act for shortening the Time of Prescription in certain Cases. [1st August 1832.] | ||
Claims to Right of Common and other Profits a prendre, not to be defeated after Thirty Years Enjoyment by shewing the Commencement; | ||
after Sixty Years Enjoyment the Right to be absolute, unless had by Consent or Agreement. | ||
WHEREAS the Expression ‘Time Immemorial, or Time whereof the Memory of Man runneth not to the contrary,’ is now by the Law of England in many Cases considered to include and denote the whole Period of Time from the Reign of King Richard the First, whereby the Title to Matters that have been long enjoyed is sometimes defeated by showing the Commencement of such Enjoyment, which is in many Cases productive of Inconvenience and Injustice; for Remedy thereof be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That no Claim which may be lawfully made at the Common Law, by Custom, Prescription, or Grant, to any Right of Common or other Profit or Benefit to be taken and enjoyed from or upon any Land of our Sovereign Lord the King, His Heirs or Successors, or any Land being Parcel of the Duchy of Lancaster or of the Duchy of Cornwall, or of any, Ecclesiastical or Lay Person, or Body Corporate, except such Matters and Things as are herein specially provided for, and except Tithes, Rent, and Services, shall, where such Right, Profit, or Benefit shall have been actually taken and enjoyed by any Person claiming Right thereto without Interruption for the full Period of Thirty Years, be defeated or destroyed by showing only that such Right, Profit, or Benefit was first taken or enjoyed at any Time prior to such Period of Thirty Years, but nevertheless such Claim may be defeated in any other Way by which the same is now liable to be defeated; and when such Right, Profit, or Benefit shall have been so taken and enjoyed as aforesaid for the full Period of Sixty Years, the Right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same, was taken and enjoyed by some Consent or Agreement expressly made or given for that Purpose by Deed or Writing. |