Strange title deed wording

[Cosmarchy]

Hi,

I have the following wording in our neighbours title deeds:

"TOGETHER WITH (so far as the Vendors can grant the same) the right in fee simple to pass and repass with or without vehicles at all times and for all purposes over the passageway adjacent to number 10 [Street], [Town] and giving access to the property hereby sold as heretofore used and enjoyed by the Vendors and their predecessors in title over a period of upwards of 30 years"

This is in reference to access to the rear or our neighbours property using our passageway. The but that intrigues me is the phrase "...title over a period of upwards of 30 years". Why over of 30 years? What does that actually mean? Over 30 years, is that it actually means but it doesn't put a limit on it so why not say "forever more".

Why 30 though? When you think about it it has the same meaning as "...upwards of 20 years" or 20 / 30 years and over with no limit...

Just curious as to some of the wording and how it is derived.

Thanks

[dslippy]

I think it just means that it is known to have been enjoyed for at least that time - establishing a prescriptive right to the easement.

[atticus]

I agree: that is the period of "heretofore" use.

[Cosmarchy]

I think it just means that it is known to have been enjoyed for at least that time - establishing a prescriptive right to the easement.

Ah, that makes sense... hence the 30+ year period to establish prescriptive right of way.

There had to be an easier way to put it at least just come out and say what you mean!! I guess this was just the language of the day.

Thanks guys