The Prescription Act 1832
2 & 3 Will. 4. c. 71
is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

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 sy ...

, and particularly the method for acquiring an

easement An easement is a Nonpossessory interest in land, nonpossessory right to use 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" ...

. 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 () 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 in common parlance. ...

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

Jeremy Bentham Jeremy Bentham (; 4 February Dual dating, 1747/8 Old Style and New Style dates, O.S.

5 February 1748 Old Style and New Style dates, N.S. 5 (five) is a number, numeral and digit. It is the natural number, and cardinal number, following 4 and preceding 6, and is a prime number. Humans, and many other animals, have 5 digits on their limbs. Mathematics 5 is a Fermat pri ...

– 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of mo ...

, 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 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 Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...

(limitation).

Status outside the United Kingdom

New Zealand

New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...

, 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 Pri ...

, an Act of the

New Zealand Parliament The New Zealand Parliament () is the unicameral legislature of New Zealand, consisting of the Monarchy of New Zealand, Sovereign and the New Zealand House of Representatives. The King is usually represented by his Governor-General of New Zeal ...

, 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 Lists of statutes of New Zealand, acts enacted by the New Zealand Parliament ...

. 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 bicameralism, bicameral legislature of the Australian states and territories of Australia, state of Western Australia, which constitutes the legislative branch of the state's political system. The parl ...

, transposed the Prescription Act 1832 into the law of

Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...

. 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