- lost modern grant
a convenient legal fiction devised to overcome the difficulty of common law prescription that use or enjoyment from 1189 had to be shown. Where use or enjoyment as of right for 20 years could be shown, the mere fact that use or enjoyment could not have been going on in 1189 was not allowed to stop the operation of the prescription; the courts were prepared to accept that the use or enjoyment had arisen as a result of a grant post-1189 that had subsequently been lost.
Collins dictionary of law. W. J. Stewart. 2001.
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