Question
A person has been using a pathway over his neighbour's land
openly, peaceably, and as of right, without any interruption, for a continuous period of 22 years. Under the Indian Easements Act, 1882, which of the following statements is correct?Solution
Explanation:  Section 15 of the Indian Easements Act, 1882 provides that where the access and use of light or air to and for any building has been peaceably enjoyed as an easement without interruption, and where a right of way or any other easement has been peaceably and openly enjoyed by the claimant as an easement and as of right without interruption and for 20 years, the right to such easement shall be absolute and indefeasible. The key elements for acquisition by prescription are:
- Use must be open (not secret)
- Use must be peaceful (not by force)
- Use must be as of right (not by permission/licence)
- Use must be without interruption for 20 years
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