Pleading necessary for claiming Easement by prescripttion
A perusal of the plaint reveals that the plaintiff
has not identified and described the suit access in the
manner it was necessary. The point of ingress and
egress; length and widdth of the suit access and exact
location thereon has not been stated nor has been shown
by way of sketch. It has been alleged that the suit access
is the only access available to the plaintiff to go to the
public road and that there is no other access. It is further
alleged that the suit access is a traditional access. It is
also stated that the suit access is a customary access. It
is further alleged that the property of the plaintiffs is
landlocked and that the plaintiffs have right to have an
access as provided under Article 2309(1) of the
Portuguese Civil Code. But no prayer in respect of such
a right has been made. Lastly, it has been claimed that
the suit access has been used by them for the last 50
years openly, peacefully and without interference from
any one. However, there is no pleading that the suit
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