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Easment by Prescription is one of the rights.

A person who is enjoing the right of way by more than 20 years without any obstruction by the person in whose land a person pass thru., but  one exception for this is: if such person having another way then he cannot claim easementary right by way of prescription.

It is reported in AIR 2005 SC 237

Easement Act((5 of 1882) S.15 Right of access through prescription-plaintiff not proved to be using acces to house as of right through property of defendants for more than 20 years moreover plaintiff had access to house on sourthern side which was being used by her for ling time-claim as to right of access through property of defendant, held not tenable.


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Category Civil Law, Other Articles by - adv. rajeev ( rajoo ) 



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