header-logo header-logo

16 February 2011 / Joanna Bhatia
Issue: 7453 / Categories: Features , LexisPSL
printer mail-detail

Peak practice

Joanna Bhatia reports on lost modern grant, not a lost modern remedy

Practitioners may see the doctrine of lost modern grant as something for law students to puzzle over, but of little practical relevance. It is, however, a mistake to dismiss or overlook the doctrine, which can be a very practical remedy. The doctrine is a judge-made fiction which avoids the problems inherent in proving the acquisition of a right by common law or statutory prescription.

Common law prescription is based on a presumed grant made before 1189 (the start of legal memory). The Prescription Act 1832 was passed to avoid the problem of proving user since 1189. However, the claimant must show a period of uninterrupted use for the 20 years immediately preceding the claim. With lost modern grant, the claimant must also show 20 years use, but the period need not immediately precede the claim. It can have expired at an earlier time.

The doctrine of lost modern grant is useful in situations where: user since before 1189 cannot be proved; and the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll