Under Section 15 of the Indian Easements Act, 1882, what

Solution

Section 15 of the Indian Easements Act, 1882 deals with acquisition of easements by prescription a mode of acquiring an easement right through long, continuous, uninterrupted, and peaceful enjoyment as of right without any permission from the servient owner. For easements over private property, the required period of uninterrupted enjoyment is 20 years, after which the right becomes an absolute easement. However, for easements over government/public property, the required period is 30 years, reflecting the special protected status of State property against easy acquisition of private rights. The key conditions are that the enjoyment must be (i) peaceful, (ii) open and not secret, (iii) continuous, and (iv) as of right not by permission, licence, or agreement. Under Explanation II to Section 15, an interruption is only legally recognised if there is actual cessation of enjoyment caused by someone other than the claimant, and the claimant acquiesces in the obstruction for one year after becoming aware of it. Prescription is distinct from easement by grant (express or implied) and easement of necessity it requires no deed or agreement and is acquired purely through the passage of time and conduct.