Define: Lost Modern Grant

Lost Modern Grant
Lost Modern Grant
Quick Summary of Lost Modern Grant

A “Lost Modern Grant” refers to a legal concept in property law where the evidence of a landowner’s title deed is lost, destroyed, or cannot be located. In some jurisdictions, a Lost Modern Grant may be reconstructed or replaced through legal proceedings, allowing the landowner to establish clear legal ownership of the property. This process typically involves presenting evidence to the court demonstrating the landowner’s rightful claim to the property and proving that the original grant existed but has been lost or destroyed. Once the court is satisfied with the evidence, it may issue a new grant or order confirming the landowner’s title to the property. This helps ensure that landowners can maintain legal ownership of their property even in cases where the original title deed is unavailable.

Full Definition Of Lost Modern Grant

The ‘fiction of the lost modern grant’ is a judicial device created to recognize that an Easement might arise by Prescription even if it could not satisfy the requirements for common law prescription. At common law, it has at least to be possible that the easement was in use in 1189. If it turns out, for example, that the land subject to a purported easement of access was underwater at some time in the 13th century, the claim will be defeated.

To acquire an easement by prescription under the fiction of the lost modern grant, the easement must have been in continuous use for at least twenty years. It has to have been possible that the easement could have been the subject of an express grant (which is deemed to have been lost — hence the name). The claim can be defeated by showing that the grant could not have been made. Of course, all the other requirements for an easement must be present as well.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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