Easement right by prescription
Dharma
(Querist) 16 March 2012
This query is : Resolved
'A' had a plot. In the middle of the plot a 4'3" wide service lane exist. In the west side plot from the lane a building was situated and in the east side plot half part was constructed form (building) and half part was as open land. 25 years ago in 1986 'A' sells west side plot/building to 'B'. After 10 years in 1996 'B' sells it to 'C'. 5 years ago in 2006 'A' sells east side plot (building including open land) to me. Now I start construction in open land but 'C' objected and filled a false easement right suit against me. 'C' claims that half part of the open land was in 'B's use and thereafter in his use, therefore he ('C') acquired easement right of using that portion of open land. Besides that he alleged that if defendant (I) constructed in that portion, which is in front of his house, access of light and air to his house/building will be obstruct and diminish and will affect his easement right of light and air. My questions are -
1- In these circumstances can he acquire the easement right of use over my open land? The period 20 years necessary for easement by prescription would be count from 1986 the purchasing date by previous owner ‘B’ or from 1996 the purchasing date by ‘C’ (plaintiff)? ‘B’s ownership of his property was only for 10 years. Therefore ‘B’ did not complete his easement right. In this condition, can easement right in complete or counting of period of 10 years pass to ‘C’ with transfer of property? ‘C’s ownership of his property is only for 15 years. For acquiring/completion of easement by prescription by ’C’, he himself should complete 20 years or 10 years of ‘B’ would be add to his 15 years period?
2- In these circumstances and if there is 4’3” wide space as the lane is already exist between two plots/buildings, the question of easement right of light and air can arise? and my construction would amount the violation of his easement right of light and air?
Adv.R.P.Chugh
(Expert) 16 March 2012
Dear Querist,
Though you have not specified the state that you belong to (state laws differ sometimes) but the broad position I can acquaint you with, the period for acquiring easmentary right would start from time when C acquired ownership, which falls short of 20 years period, The fact there is a lane that seperates the two plots isn't of any consequence.
