Principle: An easement is a right which the owner of a land (dominant heritage) has over the land of another (servient heritage) for the beneficial enjoyment of his land.
Facts: A has used an open path across B land continuously, peacefully, and as of right for 22 years to access his house. Can B block the path?

Answer and explanation

Correct answer: A. No, A has acquired an easementary right of way by prescription after 20 years continuous user

  1. Step 1: Refer to Section 15 of the Indian Easements Act 1882.
  2. Step 2: Where the access and use of light, air, or way has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right, without interruption, for twenty years, the right becomes absolute.
  3. Step 3: Since A used the path for 22 years without interruption, he has acquired a prescriptive easement; B cannot block it.
Answer
No, A has acquired an easementary right of way by prescription after 20 years continuous user.

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