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PRESCRIPTION ACT 1832

PRESCRIPTION ACT 1832 - LONG TITLE

An Act for shortening the time of Prescription in certain cases.{1}
[1st August 1832]
Preamble rep. by SLR 1890[

PRESCRIPTION ACT 1832 - SECT 1
Claims to right of common and other profits a0 prendre (except
tithes, &c.) not to be defeated after thirty years enjoyment by
merely showing the commencement of the right.

1.] No claim which may be lawfully made at the common law, by
custom, prescription, or grant, to any right of common or other
profit or benefit to be taken and enjoyed from or upon any land
of our sovereign lord the King, ... or of any ecclesiastical or
lay person, or body corporate, except such matters and things as
are herein specially provided for, and except tithes, rent, and
services, shall, where such right, profit, or benefit shall have
been actually taken and enjoyed by any person claiming right thereto
without interruption for the full period of thirty years, be
defeated or destroyed by showing only that such right, profit, or
benefit was first taken or enjoyed at any time prior to such
period of thirty years, but nevertheless such claim may be defeated
in any other way by which the same is now liable to be defeated;
and when such right, profit, or benefit shall have been so taken
and enjoyed as aforesaid for the full period of sixty years, the
right thereto shall be deemed absolute and indefeasible, unless it
shall appear that the same was taken and enjoyed by some consent
or agreement expressly made or given for that purpose by deed or
writing.

PRESCRIPTION ACT 1832 - SECT 2
In claims of rights of way or other easements the periods to be
twenty years and forty years.

2. No claim which may be lawfully made at the common law, by
custom, prescription, or grant, to any way or other easement, or to
any watercourse, or the use of any water, to be enjoyed or derived
upon, over, or from any land or water of our said lord the King,
... or being the property of any ecclesiastical or lay person, or
body corporate, when such way or other matter as herein last before
mentioned shall have been actually enjoyed by any person claiming
right thereto without interruption for the full period of twenty
years, shall be defeated or destroyed by showing only that such way
or other matter was first enjoyed at any time prior to such period
of twenty years, but nevertheless such claim may be defeated in any
other way by which the same is now liable to be defeated; and
where such way or other matter as herein last before mentioned
shall have been so enjoyed as aforesaid for the full period of
forty years, the right thereto shall be deemed absolute and
indefeasible, unless it shall appear that the same was enjoyed by
some consent or agreement expressly given or made for that purpose
by deed or writing.

PRESCRIPTION ACT 1832 - SECT 3
Right to the use of light enjoyed for twenty years, indefeasible,
unless shown to have been by consent.

3. When the access and use of light to and for any dwelling
house, workshop, or other building shall have been actually enjoyed
therewith for the full period of twenty years without interruption,
the right thereto shall be deemed absolute and indefeasible, any
local usage or custom to the contrary notwithstanding, unless it
shall appear that the same was enjoyed by some consent or agreement
expressly made or given for that purpose by deed or writing.

PRESCRIPTION ACT 1832 - SECT 4
The before-mentioned periods to be deemed those next before a suit
or action in which the claim is brought in question.

4. Each of the respective periods of years herein-before mentioned
shall be deemed and taken to be the period next before some suit
or action wherein the claim or matter to which such period may
relate shall have been or shall be brought into question; and no
act or other matter shall be deemed to be an interruption, within
the meaning of this statute, unless the same shall have been or
shall be submitted to or acquiesced in for one year after the
party interrupted shall have had or shall have notice thereof, and
of the person making or authorizing the same to be made.

PRESCRIPTION ACT 1832 - SECT 5
In actions on the case, &c. the claimant may allege his right
generally, as at present.

5. In all actions upon the case and other pleadings, wherein the
party claiming may now by law allege his right generally, without
averring the existence of such right from time immemorial, such
general allegation shall still be deemed sufficient, and if the same
shall be denied, all and every the matters in this Act mentioned
and provided, which shall be applicable to the case, shall be
admissible in evidence to sustain or rebut such allegation; and in
all pleadings to actions of trespass, and in all other pleadings
wherein before the passing of this Act it would have been necessary
to allege the right to have existed from time immemorial, it shall
be sufficient to allege the enjoyment thereof as of right by the
occupiers of the tenement in respect whereof the same is claimed
for and during such of the periods mentioned in this Act as may
be applicable to the case, and without claiming in the name or
right of the owner of the fee, as is now usually done; and if
the other party shall intend to rely on any proviso, exception,
incapacity, disability, contract, agreement, or other matter
herein-before mentioned, or on any cause or matter of fact or of
law not inconsistent with the simple fact of enjoyment, the same
shall be specially alleged and set forth in answer to the
allegation of the party claiming, and shall not be received in
evidence on any general traverse or denial of such allegation.

PRESCRIPTION ACT 1832 - SECT 6
No presumption to be allowed in support of a claim on proof of
enjoyment for less than the requisite number of years.

6. In the several cases mentioned in and provided for by this Act,
no presumption shall be allowed or made in favour or support of
any claim, upon proof of the exercise or enjoyment of the right or
matter claimed for any less period of time or number of years than
for such period or number mentioned in this Act as may be
applicable to the case and to the nature of the claim.

PRESCRIPTION ACT 1832 - SECT 7
Proviso where any person capable of resisting a claim is an infant,
&c.

7. Provided also, that the time during which any person otherwise
capable of resisting any claim to any of the matters before
mentioned shall have been or shall be an infant, idiot, non compos
mentis, feme covert, or tenant for life, or during which any action
or suit shall have been pending, and which shall have been
diligently prosecuted, until abated by the death of any party or
parties thereto, shall be excluded in the computation of the periods
herein-before mentioned, except only in cases where the right or
claim is hereby declared to be absolute and indefeasible.

PRESCRIPTION ACT 1832 - SECT 8
Time to be excluded in certain cases in computing the term of
forty years appointed by this Act.

8. Provided always, that when any land or water upon, over, or
from which any such way or other convenient watercourse or use of
water shall have been or shall be enjoyed or derived hath been or
shall be held under or by virtue of any term of life, or any
term of years exceeding three years from the granting thereof, the
time of the enjoyment of any such way or other matter as herein
last before mentioned, during the continuance of such term, shall be
excluded in the computation of the said period of forty years, in
case the claim shall within three years next after the end or
sooner determination of such term be resisted by any person entitled
to any reversion expectant on the determination thereof.

Ss.10, 11 rep. by SLR 1874






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URL: http://www.bailii.org/nie/legis/num_act/pa1832171.txt