Legal Definition and Related Resources of Lost Grant
Meaning of Lost Grant
A doctrine whereby the courts presume , from the long possession and exercise of a right by a claimant with the acquiescence of the owner , that there must have been originally a grant by the owner to the claimant which had become lost. The principle originated in England on the theon that where there has been long continued possession and assertion of a right then the court should presume a right had a lega origin if such a legal origin was possible. This doctrine is frequently invoked to justify title by adverse possession as well as an easement acquired by prescription . Ir. United States v Chaves, 159 U.S. 452, 16 I S.Ct. 57, 40 L.Ed. 215, it was pointed ou: that long and uninterrupted possession o: real property , in the absence of rebutting circumstances, creates a presumption that formal instruments or records of title have once existed, even if they cannot be found However, such doctrine cannot be invoked where the possession was with the permission or license of the owner and not adverse to his interests. See Peabodv v United States, 175 U.S. 546,20 S. Ct. 219, 44 L.Ed. 267.
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Lost Grant in Historical Law
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