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PRESCRIPTION ACT 1832 - SECT 1

Claims to right of common and other profits a0 prendre (except tithes, &c.) not to be defeated after thirty years enjoyment by merely showing the commencement of the right.

1.] 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, ...
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.

© 1832 Crown Copyright

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