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View the related practice notes about Lost modern grant

Acquisition of easements by long use

Presumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a species of common law prescription)•by statute (under the Prescription Act 1832 (PA 1832))The doctrine of prescription is a mode of establishing an easement, not creating one. It is based on the presumption of a grant, ie that the easement has validly existed before the claim is made, but has been lost or destroyed. The presumption arises from the fact of enjoyment of the right, so a right claimed by prescription must be capable of being an easement ie:•there must be a dominant and a servient tenement•the easement must accommodate the dominant tenement•the dominant and servient owners must be different persons, and•the easement must be capable of forming the subject matter of a grantThere is no requirement that time cannot start to run, for the purpose of a prescription claim, unless the servient owner could bring an action in trespass against the dominant owner.Common law prescriptionCommencement of legal memoryPrescription at common law is...

Profits à prendre

This Practice Note explains what a profit à prendre is and what the different types of profits are, how they can arise and how they can be terminated and which ones are most likely to be encountered in practice. It also touches on profits à prendre in due diligence and how profits may be protected by registration at HM Land Registry.Introduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land. Examples of profits include:•parts of the land itself such as sand, peat or minerals•products growing on the land such as grass or timber—this includes grazing rights•wild animals such as fish or game The most commonly encountered profits in practice are shooting rights and fishing rights (often referred to as sporting rights).The products taken must be capable of ownership so there cannot be a profit of water (unless it is contained in a tank or other receptacle).Profits can be enjoyed as:•several profits (or profits sole) which are enjoyed by...

View the related precedents about Lost modern grant

Letter of instruction to rights of light surveyor—instructed by proposed developer

Letter of instruction to rights of light surveyor—instructed by proposed developer PRIVATE & CONFIDENTIAL [insert name and address of surveyor] [insert date] Dear [insert name of surveyor] [insert case heading] INSTRUCTIONS TO ACT AS RIGHTS OF LIGHT SURVEYOR CONFIDENTIAL AND LEGALLY PRIVILEGED LETTER OF INSTRUCTIONS/TERMS OF ENGAGEMENT I act for [name of client] in connection with the property known as [property description] (the Property) of which my client is the leasehold/freehold [delete as applicable] owner registered at HM Land Registry under title number [insert title number]. I write to confirm my client’s instructions to you to provide a report, along with any follow up reports and/or advice requested (the Report), and potentially in due course to act as expert in any court proceedings, in connection with rights of light issues at the Property arising from the proposed redevelopment of the Property (the Proposed Redevelopment). You have confirmed that you are a qualified rights of light surveyor and are well versed with being an expert surveyor in...