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03 February 2017 / Thomas Braithwaite
Issue: 7732 / Categories: Features , Property
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Time & tide

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Some of the underpinnings of English property law should not be taken too literally, says Thomas Braithwaite

  • ​The law of prescription is predicated upon the notion that long use proves a grant. Loose v Lynn Shellfish is a vivid reminder of what happens if the existence of that grant is taken too literally.

Over the last 15 years, the law of prescription has repeatedly vexed the highest courts. The judgment of the Supreme Court in Loose v Lynn Shellfish [2016] UKSC 14, [2016] All ER (D) 75 (Apr) is the latest in a line of cases that includes Sunningwell, Beresford, Lewis, Barkas and Newhaven . Like its predecessors (which have tended to focus on the law of town and village greens), Loose concerned one of the dustier corners of property law.

Facts of the case

The facts can be briefly stated. Fishermen out of King’s Lynn were accused of trespassing on a several fishery leased to Mr Loose on the foreshore of the Wash. Generally, there is a public

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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