Easement by prescription
shyjo
(Querist) 19 July 2011
This query is : Resolved
I was using a road under easement by prescription for last 27 years. I have filed a suit for easement in 2007. the muciff court found that i am eligible for easement but since the width is not proved by survey plan ,it is dismissed by him.
subsequently i have filed An appeal before the District court and District court also dissmissed the appeal not on the grounds of the Munciff but on his finding that the easement should be available only if it is used for 22 years
In his order he specifically stated that survey plan is not required for easement
My question is
whether the District Judge is Right in holding that 22 years is required for the Easement by prescription
In sec. 15 of easement act it is stated that " each of the said periods of 20 years Shall be taken to be period ending with in 2 years next before the institution of the suit, ehere the claim to such period relates is conested"
What does it mean
kindly clarify me
