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Home > The History of the Law of Prescription in England; Being the Yorke Prize Essay of the University of Cambridge for 1890: (English)
The History of the Law of Prescription in England; Being the Yorke Prize Essay of the University of Cambridge for 1890: (English)

The History of the Law of Prescription in England; Being the Yorke Prize Essay of the University of Cambridge for 1890: (English)

          
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About the Book

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1891. Not illustrated. Excerpt: ... CHAPTER IV. What Things May Be Prescribed For. So far then as to the persons prescribing, or to be prescribed against. I shall now say something as to the things of which a prescription can be made. Now I may just here repeat what I began by enunciating, viz. that no prescription can be made of land, and that prescription in the proper sense of the term and the sense in which I am now using it, as distinguished from the larger use, which includes limitation of actions, applies exclusively to incorporeal hereditaments. Markby in his Elements of Law treats land as being capable of acquisition by prescription, and declares that Coke so treats it. But Coke does not so treat it: he only refers to 310, where a prescription can be made of land in an indirect way by prescribing to be tenant in common of land. So that Coke's authority is really the other way. The same is the case with Brooke, Ab. Pres. 19: Williams, Commons, p. 2, and Wilkinson v. Proud, 11 M. and W. 33, is a decision to that effect. It may be that if one were constructing a logical code there is no reason why the ownership of land should not be capable of being prescribed for just as rights over it less than ownership may. All that I say is that historically in English law the effect of lapse of time upon the ownership of land was provided for by Limitation not Prescription. It is however worthy of remark that an exception seems to exist as to the soil of the sea-shore, which can apparently be claimed as appurtenant to a manor and by prescription. See Hale, de Jure maris, Pt. I. c. IV. VI.; Constable's Case, 5 Rep. 106; King v. Lord Yarborough, 3 B. and C. 91; Comyns, Dig. Navigation, A. B., 1 Sid. 148; 1 Doug. 441. The reason why no prescription can be made of corporeal hereditaments seems to be...


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Product Details
  • ISBN-13: 9781150608094
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 76
  • Series Title: English
  • Weight: 154 gr
  • ISBN-10: 1150608099
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 4 mm
  • Width: 189 mm


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The History of the Law of Prescription in England; Being the Yorke Prize Essay of the University of Cambridge for 1890: (English)
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