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Acquisition of easements and profits à prendre by prescription.
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35.— (1) An easement or profit à prendre shall be acquired at law by prescription only on registration of a court order under this section.
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[PA 1832]
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[PA 1858]
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(2) Subject to subsection (3), in an action to establish or dispute the acquisition by prescription of an easement or profit à prendre, the court shall make an order declaring the existence of the easement or profit à prendre if it is satisfied that there was a relevant user period immediately before the commencement of the action.
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(3) The court may make an order under subsection (2) where the relevant user period was not immediately before the commencement of the action if it is satisfied that it is just and equitable to do so in all the circumstances of the case.
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(4) An order under subsection (2) shall be registered in the Registry of Deeds or Land Registry, as appropriate.
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