Davies v Du Paver

Subject Matter

PRESCRIPTION — Profit — Claim to pasture rights by prescription — Interruption of user — Protests by owner of dominant tenement followed by submission to interruption for more than one year — User as of right — Servient tenement occupied by sitting tenants during most of period of prescription — Common knowledge of grazing rights in locality — Onus of proof as to owner's knowledge and power to resist claim to private right — Prescription Act, 1832 (2 & 3 Will. 4, c. 71), ss. 1, 4, 5.