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Version status: Repealed | Document consolidation status: Updated to reflect all known changes
Version date: 30 November 2021 - onwards
  Version 4 of 4    

35. Acquisition of easements and profits à prendre by prescription.

Repealed from 30 November 2021

(1) An easement or profit à prendre may be acquired at law by prescription -

(a) on registration of a court order under this section, or

(b) in accordance with section 49A of the Act of 1964.

(2) Subject to subsection (3), in an action to establish or dispute the acquisition by prescription of an easement or profit à prendre, the court shall make an order declaring the existence of the easement or profit à prendre if it is satisfied that there was a relevant user period immediately before the commencement of the action.

(3) The court may make an order under subsection (2) where the relevant user period was not immediately before the commencement of the action if it is satisfied that it is just and equitable to do so in all the circumstances of the case.

(4) An order under subsection (2) shall be registered in the Registry of Deeds or Land Registry, as appropriate.

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