Lost modern grant meaning

This Practice Note examines how easements are acquired through prescription (long use) at common law, via the doctrine of lost modern grant, and by statute (pursuant to the Prescription Act 1832). It explains how a claimant can satisfy each route, the scope of the right obtained, and further matters to weigh where the dominant or the servient tenement is let on a tenancy at the relevant time by either party. It also briefly addresses the question of whether a long-used easement can be safeguarded by registration at HM Land Registry. Presumed grant An easement can be founded by long use: at common law under the lost modern grant doctrine (a well-known branch of common law prescription) by statute (under the Prescription Act 1832 (PA 1832)) The law of prescription is a means of proving an easement, not of creating it. It ultimately rests on a presumed grant, i.e. that the right validly and properly existed before the claim is brought,...

For this Q&A, we proceed on the basis that the easements are recorded on the title... Prescription Act 1832 The Prescription Act 1832 (PA 1832) sets out a statutory route for acquiring easements by prescription, operating in parallel with common law prescription and the doctrine of lost modern grant. The statutory framework can be outlined as follows: Easements other than rights of light: continuous, uninterrupted enjoyment for 40 years establishes a claim that is indefeasible save by express consent. Enjoyment for 20 years creates a claim that cannot be defeated by showing the right could not have existed since 1180, though it may still be overcome by any other available defences...