negative (extinctive) prescription – extinction of a title or right by failure to claim or exercise it over a long period

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negative prescription:

1. The extinction of a title or right by failure to claim or exercise it over a long period. – aka negative prescription; extinctive prescription.  [1]

1. (Civil law)  The loss or forfeiture of a right, by the proprietor’s neglecting to exercise or prosecute it during the whole period which the law hath declared to be sufficient to infer the loss of it. Townsend v Jemison (US) 9 How 407, 417, 13 L Ed 194, 198. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931


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