Easement by Prescription
Arun M
(Querist) 04 June 2011
This query is : Resolved
My neighbour has a right of 5 link path way which he acquired through partition deed to access his property.A distance of 5 more link path way from my property is also nearer to it Which i am using for my purposes from 1963.Now total 10 link path way is there in existence.Whether that person has easement by prescription right for my 5 link pathway. That person is also enjoying a separate path way of 9 links form the other end of his property.Whether his easement right stand legally?
prabhakar singh
(Expert) 05 June 2011
you have not disclosed the time since he is using your path,if20+2 is passed the right has emerged,but simultaneously you also he has an alternative,therefore there is no easement of necessity. !
Arun M
(Querist) 09 June 2011
My neighbor got his property as a sale deed on 1972 .The property now i am using (6cent) is my grandmother's property which she got through sale deed in 1958.Grand mother gave property to my mother as a gift on 1978 as settlement/gift deed .My mother died on 2001 and the property was on the hand of her legal heirs(grand mother,Myself,My father & my brother)They put a release deed on 2011 February and now i m the sole owner.From which year the 20+2 of easement years count starts. From 1972 or 1978 or 2001 or 2011? He acquired a temporary injunction restraining me from building a compound wall. Kindly send your reply as early as possible.
