a dominant owner's belief that consent has been given for his use of the servient land prevents him from claiming a right arising by prescription. Justify your answer by reference to the case law.

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Quizplus · Accepted Answer

In the context of easements and rights by prescription, a dominant owner's belief regarding consent does not necessarily prevent the establishment of a prescriptive right. The case of Winter v. Dyson (1842) illustrates that the dominant owner's belief or understanding about consent does not preclude the acquisition of an easement by prescription. The key factor is the use of the servient land for a sufficient period in a manner that is capable of being adverse, rather than the subjective beliefs of the parties involved.

A Dominant Owner's Belief That Consent Has Been Given for His