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Danny is the freehold owner of two adjoining terraced houses at 73 and 75 Strathmore Street. He grants a lease of number 73 to Miles for 999 years. For the next 100 years, the leasehold owners of number 73 use a footpath crossing the back garden of number 75 as of right. Moira is the current leasehold owner of number 73. She claims a prescriptive easement over the garden to number 75.
Which of the following statements best describes the position?
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An easement cannot be claimed by someone against their own landlord and can only be claimed by one freehold owner against another. The rule against derogation from grant would apply in this context, preventing a tenant from claiming an easement over land that their landlord owns. Thus, Moira cannot claim a prescriptive easement as she holds the property under a lease from the same landlord.
Key Point: A prescriptive easement can only be claimed by a freehold owner against another freehold owner. Tenants cannot claim such easements against their own landlords.
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