Malcomson v O’Dea: 1863

References: (1863) 10 HLC 592
Ratio: In considering a claim to have acquired a right by prescription it is relevant to investigate acts of ownership asserted in relation to the right which is claimed as well as acts of enjoyment or user of the right.
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Barton v The Church Commissioners for England ChD (Bailii, [2008] EWHC 3091 (Ch))
    The commissioners claimed a right by prescription to all fish to be taken in a stretch of the River Wye. The claimant was to moor a barge on the river.
    Held: The court explained the nature and legal status of fisheries in the law going back to . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 279922