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PRESCRIPTION ACT 1832 - SECT 2

In claims of rights of way or other easements the periods to be twenty years and forty years.

2. No claim which may be lawfully made at the common law, by custom,
prescription, or grant, to any way or other easement, or to any watercourse,
or the use of any water, to be enjoyed or derived upon, over, or from any land
or water of our said lord the King, ... or being the property of any
ecclesiastical or lay person, or body corporate, when such way or other matter
as herein last before mentioned shall have been actually enjoyed by any person
claiming right thereto without interruption for the full period of twenty
years, shall be defeated or destroyed by showing only that such way or other
matter was first enjoyed at any time prior to such period of twenty years, but
nevertheless such claim may be defeated in any other way by which the same is
now liable to be defeated; and where such way or other matter as herein last
before mentioned shall have been so enjoyed as aforesaid for the full period
of forty years, the right thereto shall be deemed absolute and indefeasible,
unless it shall appear that the same was enjoyed by some consent or agreement
expressly given or made for that purpose by deed or writing.

© 1832 Crown Copyright

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