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United Kingdom

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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 Act & lost modern grant: consent after 20yr parking

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Q&As

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...

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Christopher Snell

New Square Chambers

Advice and representation in all areas of commercial and chancery litigation.Instructed on behalf of both retail and investment banks [including BNY Mellon; HSBC; Royal Bank of Scotland] in relation to a variety of commercial issues.Retained in relation to a wide range of international disputes; including disputes in the Bahamas; Isle of Man; BVI and Kuwait....

Web page updated on 27/05/2026

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