Easement by Prescription

Introduction

Easement by prescription is a method of acquiring a legal right through long and continuous use. The law recognises such rights to protect long-standing usage and avoid disputes. It is based on the idea that long enjoyment of a right should be legally protected.

Meaning / Definition

Prescription means acquiring a right by long and continuous use.

An easement by prescription arises when a person enjoys a right over another’s property openly, peacefully, and without interruption for a specific period.

Section 15 of the Indian Easements Act, 1882 provides that if a person enjoys an easement for 20 years (or 30 years against Government) continuously and without interruption, the right becomes absolute.

Modes or Types

Acquisition by Long Use

A prescriptive easement is acquired when the following conditions are satisfied:

• The use must be peaceful (without force)
• The use must be open (not secret)
• The use must be as of right (claimed as a legal right, not by permission)
• The use must be without interruption
• The use must continue for 20 years (30 years for Government property)

Types of Easements Covered

The following rights can be acquired by prescription:

• Right to light and air
• Right of way
• Right to support
• Any other lawful easement

Rights Not Acquired by Prescription

Certain rights cannot be acquired by prescription:

• Right that destroys the property itself
• Right to light or air for open land
• Right over surface water not in a defined channel
• Right over underground water not in a defined channel

Distinction / Comparison

Prescriptive Easement vs Customary Easement

• Prescriptive easement arises from long use (20 years)

• Customary easement arises from local custom (practice followed in a locality)

• Prescriptive easement requires proof of continuous use

• Customary easement requires proof of a valid custom (ancient, reasonable, certain)

• Prescriptive easement can exist anywhere

• Customary easement is limited to a specific locality or community

Practical Example

A uses a pathway over B’s land openly and peacefully for 20 years without asking permission.

B never objects during this period.

A can claim a legal right of way over B’s land as a prescriptive easement.

Summary

• Easement by prescription is acquired through long and continuous use
• Section 15 requires 20 years (30 years for Government property)
• Use must be peaceful, open, as of right, and without interruption
• Rights enjoyed by permission cannot become prescriptive rights
• Certain rights (like destructive rights or water rights without channel) cannot be acquired
• Law protects long usage to ensure stability and avoid disputes