Guidance

Easements claimed by prescription (PG52)

Information about acquiring easements by prescription (practice guide 52).

Applies to England and Wales

HTML

This guide gives advice on:

acquiring easements by prescription
how easements operate when no register entries are made
how to apply for a register entry in respect of easements and the register entries that we make in respect of the easements
the effect of an objection to an application

It is aimed at conveyancers and you should interpret references to ‘you’ accordingly. HM Land Registry staff will also refer to it.

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.

You can join our free webinars for advice on a range of land registration topics and how to prepare quality applications.

Subscribe to email alerts to receive the latest changes to our practice guides.

Published 13 October 2003
Last updated 6 December 2021 + show all updates

6 December 2021
Sections 4.1 and 4.2 have been amended to set out our requirements when the benefiting land is jointly owned.
16 March 2020
Section 1.2 has been amended to clarify that a tenant is unable to acquire easements over other land owned by their landlord.
8 April 2019
Section 3.4 has been added to make it clearer that the burden of a prescriptive easement can be protected by a caution against first registration.
25 February 2019
Section 1.2 has been amended to make it clear when a prescriptive easement might still arise where the burdened land is occupied by a tenant.
6 April 2018
Section 4 has been updated to reflect our current practice relating to the use of copy documents for registration. Section 4.1 has been updated following the amendment of rule 90 of the Land Registration Rules 2003 by the Land Registration (Amendment) Rules 2018 coming into force on 6 April 2018.
10 August 2015
Section 3.2 has been amended as a result of a review of our practice.
25 June 2015
Link to the advice we offer added.
13 October 2003
First published.