easementright
susanth nair s
(Querist) 21 October 2008
This query is : Resolved
respectedseniors what is the difference between easement by necessity and prescription whether severense of property is condition precedent for easement by necessity with bestregards
anonymus
(Expert) 24 October 2008
MR, Nair,
If the property cannot be used without the easmentary right then it is neccessity. ie,there should be no alternative way to enjoy the property.
Presciption: It must have been used for a continuous and uniterrupted period of 20 years.