Right of way under easement act 1882

NIMESH (Querist) 11 May 2017 This query is : Resolved
Dear Sir,

I want to know what conditions needs to be fulfilled for any entitlement of Right of way under The Easement Act 1882.

or simply stating by witness that they use that way from past 100 years is sufficient to prove Easement?

Thanking You

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BHARTI KOTHARI (Expert) 12 May 2017
no under law every things are required to proved by evidence so if the person claiming easementry right over the property of other he has to prove that he was enjoying the said right since long and unintruppetedly. Further he has also to show without it he can not enjoy and he will be prejudiced.

Guest (Expert) 12 May 2017
Well Advised by Adv.Bharti Kothari

Rajendra K Goyal (Expert) 12 May 2017
Please state clear material facts of the problem if any?

How are you related?

Guest (Expert) 12 May 2017
Reply to Mr.RK Goyal Please

R.K Nanda (Expert) 12 May 2017
state real facts, if any.

NIMESH (Querist) 12 May 2017
A Colonizer has built a road from my land stating that earlier people are used to pass from 100 years but actually it is not?

So i want to know that what conditions are needed to be proved for right of way under Indian Easement Act.

Advocate Ravinder (Expert) 13 May 2017
Using way for 100 years is not required. Even it is used for 20 years, the way will be regularised and can be used by public legally.