Section 15 of IEA : Section 15: Acquisition By Prescription

Explanation using Example

Imagine a homeowner named Ravi has been using a path through his neighbor, Ajay's property to reach his own home for over 20 years without any objection from Ajay. This path is essential for Ravi as it is the only convenient route to access his property. Ravi has been using this path openly and believes it is his right to do so. Ajay decides to build a shed that blocks the path. Ravi files a lawsuit claiming he has a legal easement for the right of way over Ajay's land.

In court, Ravi demonstrates that he has used the path as a right of way without any interruption or objection from Ajay for more than 20 years. Ajay cannot provide evidence that Ravi's use of the path was based on an agreement or permission that was temporary or conditional. Therefore, under Section 15 of The Indian Easements Act, 1882, Ravi's continuous and open use of the path for over 20 years entitles him to claim an absolute right to this easement, and the court rules in favor of Ravi, allowing him to continue using the path.