nec vi nec clam nec precario
The maxim describes the quality of user or possession that can ripen into a right by lapse of time. The enjoyment must be peaceable (not by force), open (not secret), and as of right (not by the owner's permission, which makes it permissive and so incapable of founding a claim).
It applies to easements by prescription, which require twenty years' peaceable and open enjoyment as an easement and as of right, and to adverse possession, which requires twelve years' open, continuous and hostile possession against the owner. A licensee or tenant cannot claim by prescription, because the enjoyment began with permission.
Example
The right of way was used openly and as of right for twenty-two years, nec vi, nec clam, nec precario, so an easement was acquired by prescription.
In Indian law
- Section 15, Indian Easements Act, 1882
- Article 65, Schedule, Limitation Act, 1963 (adverse possession)