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SHELFORD'S

REAL PROPERTY STATUTES,

INCLUDING

THE PRINCIPAL STATUTES RELATING TO

Real Property

PASSED IN THE REIGNS OF

KING WILLIAM IV. AND QUEEN VICTORIA ;

WITH

NOTES OF DECIDED CASES.

EIGHTH EDITION,

BY

THOMAS H. CARSON, M.A.,

OP LINCOLN'S INN, BARRISTER-AT-LAW.

LONDON:

HENRY SWEET, MAXWELL & SON, & STEVENS & SONS,

Law Publishers.
HODGES, FOSTER & CO., GRAFTON STREET, DUBLIN.

LONDON:

PRINTED BY C. ROWORTH AND SONS,

NEWTON STREET, HIGH HOLBORN.

PREFACE TO THE EIGHTH EDITION.

The changes which have been made in the present Edition require a few words by way of explanation. It seemed that something might be done to render the matter already contained in the book more available for use; and the requisite additions, in the shape of cases decided and statutes passed since the publication of the last Edition, were considerable. On the other hand, it was important that the bulk of the Volume should not be materially increased.

It will be found accordingly that the Precedents contained in the last Edition have been omitted. The extracts from the Reports of the Real Property Commissioners and some of the older cases have been abridged or condensed. The matter of the notes has been rearranged, and the number of marginal notes has been increased. A new Table of Contents and Index have been made, and a Table of Statutes, arranged in chronological order, has been added.

Several statutes relating to land have been passed since the publication of the last Edition; and of these the Editor has only incorporated such as seemed to him to come properly within the scope of the Work. The Land Registry Act and the Declaration of Title Act, 1862, were not incorporated by Mr. Shelford in the last Edition. Since that date the public have not availed themselves to any large extent of the provisions of these Statutes. The system established by the Land Registry Act was condemned in the Report of the Royal Commission in 1870; and further legislation on this subject is said to be impending. The Editor has not therefore inserted either of these Statutes in the present Edition.

The cases have, by means of the Addenda, been brought down to the end of October, 1873.

THOMAS H. CARSON.

89, CHANCERY LANE,

Nov. 1873.

TABLE OF CONTENTS.

In the Table of Statutes, p. lvii post, all the Statutes, whether printed

at length or merely cited in the following pages, are placed in
chronological order. The page at which any section occurs at
length will be found in that Table with an asterisk affixed.

PAGE

PRESCRIPTION ACT (2 & 3 Will. 4, c. 71).

Periods limited for establishing. Rights of Common and other

Profits à Prendre (sect. 1); Rights to Easements other than

Light (sect. 2); and Rights to Light (sect. 3)..

..1-16

Periods, how to be computed (sect. 4)

17

Pleadings (sect. 5)

21

Less Period not allowed (sect. 6)

26

Disabilities (sect. 7)..

26

Time excluded from Period of Forty Years (sect. 8)

27

Extent (sect. 9), and Commencement (sect. 10) of Act..

28

SUBJECTS INCLUDED IN THE PRESCRIPTION ACT.

(1.) Of the Nature of Prescription

28

(2.) Of Rights of Common.

38

(3.) Of the Presumption of Grants of Easements, and of Licences 55

(4.) Of Rights of Way, Public and Private:-

1. Public Rights of Way and Highways

62

2. Private Rights of Way

71

(5.) Of Watercourses

86

(6.) Of the Right to Pews

115

(7.) Of the Right to Light and Air

120

LIMITATION OF ACTIONS AND SUITS.

I. Limitation of Time for the Recovery of Land or Rent (3 & 4

Will. 4, c. 27).

Interpretation Clause (sect. 1)

131

Period of Limitation fixed at Twenty Years from time when

Right first accrues (sect. 2)

144

When Right first accrues in the case of Discontinuance of Pos-

session of Land or of Receipt of Rent; in the case of Death

of Rightful Owner; in the case of Alienation by Rightful

Owner; in the case of future Interests; and in the case of

Forfeiture or Breach of Condition (sect. 3)

154

Provisions as to Forfeitures (sect. 4); Reversioners (sect. 5); and
Administrators (sect. 6)

159-163
When Right first accrues in the case of Tenancies at Will

(sect. 7); Tenancies from Year to Year (sect. 8); and Leases
reserving Rent (sect. 9)

164-178

Provisions as to Entry (sect. 10); Continual Claim (sect. 11);

Coparceners (sect. 12); and Possession of Younger Brother

(sect. 13) ..

179-182

Written Acknowledgments of Title (sect. 14)

182

Possession not adverse at passing of Act (sect. 15).

185

Disabilities (sect. 16); Extreme Period of Limitation (sect. 17);

Successive Disabilities sect. 18); beyond Seas (sect. 19) 186–193

Concurrent Rights (sect. 20)

193

Operation of the Act in case of Estates Tail (sects

. 21—23) 195–197

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