Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Prescription definition

What does Prescription mean? In property practice, prescription is the process by which rights are acquired over another’s land—most often an easement or profit à prendre—by long, uninterrupted use ‘as of right’ (nec vi, nec clam, nec precario). Used to establish rights of way, drainage and rights to take natural products. England and Wales: acquisition may arise at common law (largely theoretical), under the doctrine of lost modern grant (typically 20 years’ user), or under the Prescription Act 1832 (qualified rights after 20 years; absolute after 40), all shaped by case law. Northern Ireland: the position broadly mirrors England and Wales, with statutory prescription derived from...

Prescription in Scotland: Positive Prescription; 2-, 5-, 10- and 20-year Negative Prescription; Computation, Interruption, Suspension, Contracting Out and Burden of Proof—Prescription (Scotland) Act 2018 Reforms (2022/2025)

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Practice notes

This Practice Note reviews the current law of prescription in Scotland. Major reforms were introduced by the Prescription (Scotland) Act 2018 (P(S)A 2018). Sections 5 and 13 of the P(S)A 2018 took effect on 1 June 2022. The remainder came into force on 28 February 2025 under the Prescription (Scotland) Act 2018 (Commencement, Saving and Transitional Provisions) Regulations 2022, SSI 2022/78.

For guidance on:

the specific rules governing the prescriptive period for obligations to make reparation/pay damages, see Practice Note: Short negative prescription in Scotland—the prescriptive period for obligations to pay damages
the law of limitation in Scotland, see Practice Note: Limitation of actions in Scotland, which also addresses the distinctions between limitation and prescription in Scots law
the nearest equivalent in England and Wales, see: Limitation—overview which, as well as providing an outline of this topic, links to more detailed guidance on various aspects of limitation law in England and Wales

Key:

CL(EGP)(S)A 2018—Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
CPA 1987—Consumer Protection Act 1987
LRE(S)A 2012—Land Registration etc (Scotland) Act 2012
LR(MP)(S)A 1940—Law...

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Mark Boni

Faculty of Advocates/Ampersand Advocates

Mark called to the Scottish Bar in 2020, having qualified as a solicitor in 2014.Mark has experience in a wide range of commercial, private and public law litigation. As a solicitor and latterly associate with a well-known litigation firm, he regularly appeared in the Sheriff Courts conducting proofs and debates and also acted for clients in a number of high profile judicial reviews. In addition, Mark has conducted many procedural hearings, opposed motions and interim order hearings, including urgent interdict hearings.Mark has experience of litigating in the Sheriff Courts, Sheriff Appeal Court, Lands Tribunal, Court of Session (Outer and Inner Houses) as well as the UK Supreme Court. Mark also has experience in alternative dispute resolution, including arbitration and mediation.Whilst devilling, Mark was a Lord Hope Scholar and was involved in a variety of complex and high value cases including...

Web page updated on 21/05/2026

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