Historically, the law of prescription was merely considered a branch of the law of custom – as custom, in its narrowest sense, was confined to local custom – although there are differences between the two as they are understood today:
| Custom | Prescription |
|---|---|
| Source of law | Source of rights |
| Local: it applies to a particular place | Personal: it applies to a particular person |
| Exists since time immemorial | The legal fiction of ‘lost modern grant applies as does Statutory Law (or common Law in the absence of Statute) |
A prescription is now contemplated in relation to easements and profits à prendre but it was earlier thought of as a type of particular custom.