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      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?
      A He cannot claim an easement by prescription as the land belongs to his neighbour Correct Answer Incorrect Answer
      B He can claim an easement by prescription only if he has the written consent of the neighbour Correct Answer Incorrect Answer
      C He can claim an easement by prescription only if the period of use exceeds 30 years Correct Answer Incorrect Answer
      D He has acquired an easement by prescription as the use has been open, peaceful, as of right, and uninterrupted for 20 years Correct Answer Incorrect Answer

      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:

      1. Use must be open (not secret)
      2. Use must be peaceful (not by force)
      3. Use must be as of right (not by permission/licence)
      4. Use must be without interruption for 20 years
      Since all four conditions are satisfied in the question (22 years > 20 years), the person has validly acquired an easement by prescription. Option (C) confuses this with adverse possession of immovable property (12 years under Limitation Act), and option (B) is incorrect because consent would convert it into a licence, not an easement by prescription.

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