How are rights’ of easements acquired by prescription under the Limitation Act, 1963?

January 12, 2019 0 Comment

However long the period of actual enjoyment may be, no absolute or indefeasible right can be acquired until the right is brought in question in some suit and until it is so brought in” question the right is inchoate only and in order to establish it when brought in question, the enjoyment relied on must be an enjoyment for 20 years and this period of 20 year’s enjoyment must end within two years before the institution of the suit.

Although an easement may have been enjoyed for years, and thus the right has become indefeasible by prescription, if its enjoyment has been foregone for a period of 2 years before the institution of the suit, the suit will fail.

An easement by prescription may be acquired against the Government by thirty year’s enjoyment.

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