C4

Application of section restricted (30.11.2021) by Land and Conveyancing Law Reform Act 2021 35/2021, s. 2, commenced as per s. 7(3). Note also s. 3.

Amendment of law relating to acquisition of easements and profits à prendre by prescription

2. Notwithstanding section 34 (repealed by section 6 (1)) of the Act of 2009, an easement or profit à prendre may be acquired by prescription in the following manner:

(a) in a case where the prescription period was completed before the relevant date, in accordance with the law that applied to the acquisition of an easement or profit à prendre by prescription before the relevant date;

(b) subject to section 3(1), in a case where the prescription period was not completed before the relevant date, in accordance with the doctrine of lost modern grant as it applies at common law.