Easement by prescription

dharmendra Singh (Querist) 10 August 2012 This query is : Resolved
A house (dominent heritage/tenement) was owned by its previous owner for 12 years. After that period he sold it and now it is in ownership of present owner for 15 years. Can the present owner acquire easement right by prescription? The required period of 20 years for fulfil the right of easement by prescription would be count including both periods (12 plus 15 years) or only from present owner's period (15 years).

Please suggest relevant case law / citation regarding this.

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Raj Kumar Makkad (Expert) 11 August 2012
Total period shall be counted not of the present owner.

Guest (Expert) 11 August 2012
Most important is How Right of Prescription is applicable to House?

Prescription refers to a type of easement—the right to use the property of another. It requires the use of the land to have been open, continuous, exclusive, and under claim of right for the appropriate statutory period. It differs from Adverse Possession in that adverse possession entails the acquisition of title to the property, whereas prescription relates to a right to use the property of another that is consistent with the rights of the owner.

dharmendra Singh (Querist) 11 August 2012
Makkad Sir,

Thanks for your opinion. If I understand correctly your words, it means that the present owner has not acuired and can not claim the right of easement by prescription. Am I understanding correctly?

Nayyar Sir,

Thanks for your opinion. The issue is about use of the open land of another person that falls infront of the house but after 4 feet wide lane.
The question is - the present owner has acquired and can claim the right of easement by prescription or not?