The Prescription Act 1832
c 71
is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...

concerning

English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...

, and particularly the method for acquiring an

easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...

. It was passed on 1 August 1832.

History

Common law prescription assumed continuous prescriptive rights from 1189 when the legal regime officially began, all time before which having been designated as

time immemorial Time immemorial ( la, Ab immemorabili) is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record". The phrase is used in legally significant contexts as well as ...

. The Prescription Act 1832 was written hastily as a response to a criticism by

Jeremy Bentham Jeremy Bentham (; 15 February 1748 ld Style and New Style dates, O.S. 4 February 1747– 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism. Bentham defined as the "fundam ...

, who proposed the complete elimination of common law. It practically supersedes common law prescription but does not actually invalidate it.

* s 1 (not officially numbered), claims to

right of common Common land is land owned by a person or collectively by a number of persons, over which other persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel. A person who has ...

and other profits-à-prendre not to be defeated after thirty years enjoyment by merely showing the commencement; after sixty years enjoyment the right to be absolute, unless had by consent or agreement. * s 2, In claims of right of way or other easement the periods to be twenty years and forty years. * s 3, Claim to the use of light enjoyed for 20 years. * s 4, Before mentioned periods to be deemed those next before suits. * s 5, In actions on the case, the claimant may allege his right generally, as at present. In pleas to trespass and certain other pleadings, the period mentioned in this Act may be alleged. Exceptions, &c. to be replied to specially. * s 6, Presumption to be allowed in claims here provided for. * s 7, Proviso for infants, &c. * s 8, What time to be excluded in computing the term of forty years appointed by this Act. * s 9, Not to extend to

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...

Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...

(limitation). * s 10, Commencement of Act. * s 11, Act may be amended.

Status outside the United Kingdom

New Zealand

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...

, the

Imperial Laws Application Act 1988 The Imperial Laws Application Act 1988 is an important part of New Zealand's uncodified constitution. The Act applies certain enactments of the Parliament of the United Kingdom and its predecessors, rulings of the Judicial Committee of the Priv ...

, an Act of the

New Zealand Parliament The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by hi ...

, provided that the Prescription Act 1832 formed part of the

law of New Zealand The law of New Zealand uses the English common law system, inherited from being a part of the British Empire. There are several sources of law, the primary ones being statutes enacted by the New Zealand Parliament and case law made by decisi ...

. On 1 January 2008, the Prescription Act 1832 was repealed by the Property Law Act 2007 and ceased to have effect in New Zealand.

Western Australia

On 11 April 1836, the Imperial Acts Adopting Act 1836, an Act of the

Parliament of Western Australia The Parliament of Western Australia is the bicameral legislature of the Australian state of Western Australia, forming the legislative branch of the Government of Western Australia. The parliament consists of a lower house, the Legislati ...

, transposed the Prescription Act 1832 into the law of

Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to t ...

. As of January 2021, the Prescription Act 1832 remains in force in Western Australia.

Criticism and proposed reform

The

Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

have described the Prescription Act as "one of the worst drafted Acts on the Statute Book" and called for it to be repealed and replaced.

References

External links

Prescription Act 1832 on legislation.gov.uk
{{Use dmy dates, date=April 2019 United Kingdom Acts of Parliament 1832 English property law