WS 8 - Easements Flashcards
s.2 Prescription Act 1832
Prevents a common law claim to non-light easement being defeated for lack of existence since 1189. So long as enjoyed without interruption for 20 years.
If enjoyed for 40 years then becomes absolute and indefeasible, unless it can be shown its enjoyment depends on some written consent.
20 years - common law requirements must still be satisfied.
s.4 Prescription Act 1832
No right to an easement arises until court action brought to claim it.
20/40 years use must be continuous until the date of the court action.
But interruption ignored unless person claiming easement allows them continue for a year after becoming aware of them and of any person responsible for them.
s.3 Prescription Act 1832
Right to light: if 20 years use uninterrupted next before action and without written consent, absolute and indefeasible right to light.
Statute gives no guidance as to amount of light.
How much light entitled in a light easement?
“sufficient light according to the ordinary notions of mankind for the comfortable use and enjoyment…or for the beneficial use and occupation of the building” (City of London Brewery in Colls v Home and colonial)
