Prescription Act 1832
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]
Long title
An Act for shortening the time of prescription in certain cases.
2 & 3 Will. 4. c. 71
England and Wales, Northern Ireland
1 August 1832
History[edit]
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]
Status outside the United Kingdom[edit]
New Zealand[edit]
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the Prescription Act 1832 formed part of the law of New Zealand.[15] On 1 January 2008, the Prescription Act 1832 was repealed by the Property Law Act 2007 and ceased to have effect in New Zealand.[16][17]
Western Australia[edit]
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.[18] As of January 2021, the Prescription Act 1832 remains in force in Western Australia.
Criticism and proposed reform[edit]
The Law Commission have described the Prescription Act as "one of the worst drafted Acts on the Statute Book"[19] and called for it to be repealed and replaced.[20]