How can I prescriptively acquire an easement right?

What the Law Says

Prescriptive easement in India is governed by the Limitation Act, 1963 — specifically Section 25, which sets out the time limit and conditions for acquiring easements by long user.

To acquire an easement by prescription, you must use someone else’s land openly (not secretly), continuously (without significant breaks), and without the owner’s permission for a full period of 20 years.

The use must also be 'adverse' — meaning it is inconsistent with the owner’s rights, not based on licence or agreement. If the owner consents, even silently, the use is not adverse and cannot create a prescriptive right.

Section 25 applies only to easements of light, air, support, or water — not to all types of easements. Courts have interpreted 'easement' here narrowly, requiring proof of a recognized legal right being exercised.

Statutory Text

Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and without express permission and acquiescence, for twenty years, the right to the access and use of such light or air becomes absolute and indefeasible.

— Limitation Act, 1963, s. 25 — Acquisition of easements

What Courts Have Said

Indian courts have clarified key elements like adversity, continuity, and the burden of proof for prescriptive easements.

What to Do

Sources