Prescription Act.

The Act makes provision for prescription in respect of claims relative to water or land pursuant to common law by custom, prescription or grant. Any claim to any way or other easement, or to any watercourse, or the use of any water to be enjoyed or derived upon, over or from any land or water of Her Majesty or being the property of any ecclesiastical or lay person or any body corporate, when such way or other matter, as herein last before mentioned, has been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but, nevertheless, such claim may be defeated in any other way by which it is now liable to be defeated. Where such way or other matter has been so enjoyed as aforesaid, for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it appears that it was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.