Prescription Act 1832 Explained

Short Title:	Prescription Act 1832^[1]
Type:	Act of Parliament
Parliament:	Parliament of the United Kingdom
Long Title:	An Act for shortening the time of prescription in certain cases.
Year:	1832
Citation:	2 & 3 Will. 4. c. 71
Territorial Extent:	England and Wales, Northern Ireland
Royal Assent:	1 August 1832
Status:	Amended
Revised Text:	https://www.legislation.gov.uk/ukpga/Will4/2-3/71
Use New Uk-Leg:	yes

The Prescription Act 1832 (2 & 3 Will. 4. c. 71) is an Act of the Parliament of the United Kingdom concerning English land law, and particularly the method for acquiring an easement. It was passed on 1 August 1832.^{[2] [3] [4]}

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.^[5] The Prescription Act 1832 was written hastily as a response to a criticism by Jeremy Bentham, who proposed the complete elimination of common law. It practically supersedes common law prescription but does not actually invalidate it.^[6]

Contents

• 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.^[7]

• s 2, In claims of right of way or other easement the periods to be twenty years and forty years.^[8]

• s 3, Claim to the use of light enjoyed for 20 years.

• s 4, Before mentioned periods to be deemed those next before suits.^[9]

• 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.^[10]

• s 6, Presumption to be allowed in claims here provided for.^[11]

• s 7, Proviso for infants, &c.<ref>Web site: Prescription Act 1832 (Imp) – Sect 7. Western Australian Consolidated Acts. 20 April 2013.

• s 8, What time to be excluded in computing the term of forty years appointed by this Act.^[12]

• s 9, Not to extend to Scotland or Ireland (limitation).^[13]

Status outside the United Kingdom

New Zealand

In New Zealand, the Imperial Laws Application Act 1988, an Act of the New Zealand Parliament, provided that the Prescription Act 1832 formed part of the law of New Zealand.^[14] On 1 January 2008, the Prescription Act 1832 was repealed by the Property Law Act 2007 and ceased to have effect in New Zealand.^{[15] [16]}

Western Australia

On 11 April 1836, the Imperial Acts Adopting Act 1836, an Act of the Parliament of Western Australia, transposed the Prescription Act 1832 into the law of Western Australia.^[17] As of January 2021, the Prescription Act 1832 remains in force in Western Australia.

Criticism and proposed reform

The Law Commission have described the Prescription Act as "one of the worst drafted Acts on the Statute Book"^[18] and called for it to be repealed and replaced.^[19]

See also

• English land law
• English property law

External links

Prescription Act 1832 on legislation.gov.uk

Notes and References

1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
2. Web site: Prescription Act 1832. Practical Law Company. 20 April 2013.
3. Web site: Prescription Act 1832 c.71 2 and 3 Will 4. 20 April 2013.
4. Web site: Prescription Act 1832. New Zealand Legislation. 20 April 2013.
5. Web site: Easements: Creation. Thomson Reuters Practical Law.
6. Web site: Easements: Creation. Thomson Reuters Practical Law.
7. Web site: Prescription Act 1832. legislation.gov.uk.
8. Web site: Prescription Act 1832 (Imp) – Sect 2. Western Australian Consolidated Acts. 20 April 2013.
9. Web site: Prescription Act 1832 (Imp) – Sect 4. Western Australian Consolidated Acts. 20 April 2013.
10. Web site: Prescription Act 1832 (Imp) – Sect 5. Western Australian Consolidated Acts. 20 April 2013.
11. Web site: Prescription Act 1832 (Imp) – Sect 6. Western Australian Consolidated Acts. 20 April 2013.
12. Web site: Prescription Act 1832 (Imp) – Sect 8. Western Australian Consolidated Acts. 20 April 2013.
13. Web site: Prescription Act 1832 (Imp) – Sect 9. Western Australian Consolidated Acts. 20 April 2013.
14. https://www.legislation.govt.nz/act/public/1988/0112/latest/whole.html Imperial Laws Application Act 1988, Schedule 1, Enactments relating to property
15. Web site: Prescription Act 1832 No 71 (as at 01 January 2008), Imperial Act – New Zealand Legislation. 2021-01-18. www.legislation.govt.nz.
16. https://www.legislation.govt.nz/act/public/2007/0091/latest/DLM969645.html Property Law Act 2007, section 365(2)(k)
17. https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_26979.htm/$FILE/Imperial%20Acts%20Adopting%20Act%201836%20-%20%5B01-c0-05%5D.html?OpenElement Imperial Acts Adopting Act 1836, section 1(9)
18. Web site: Easements, Covenants and Profits à Prendre. 2021-04-03. Law Commission. en-US.
19. Polden. P.. 1984. Law Commission: Transfer of Land. The Law of Positive and Restrictive Covenants. The Modern Law Review. 47. 5. 566–576. 1096320 . 0026-7961.