The Weekly Law Reports
[1967] 2 WLR 421
[COURT OF APPEAL]
ALFRED F. BECKETT LTD. AND ANOTHER v. LYONS AND OTHERS
[1965 A. No. 18]
1966 June 29,
30;
July 1, 4, 5, 6;
Nov. 29
July 1, 4, 5, 6;
Nov. 29
HARMAN, RUSSELL and WINN L.JJ.
Prescription
— Profit à prendre or easement
— Presumed prescriptive ancient grant
— Coast of Durham
— Practice of taking and carrying away sea-washed coal
— Evidence for whole of living memory
— No evidence of assertion of claim as of right
— Whether evidence justifying claim as of right from time immemorial or by toleration of Crown
— Whether local practice capable of supporting presumption of right extending to all inhabitants of County Palatine
— Whether claim based on custom maintainable in respect of sea-washed coal
— Whether sea-washed coal profit à prendre incapable of forming subject-matter of custom.