prescription

Positive (acquisitive) prescription is the acquisition of a right through long use. Under section 15 of the Indian Easements Act, 1882 and section 25 of the Limitation Act, 1963, an easement such as a right of way or light and air is acquired when it has been enjoyed peaceably, openly, as of right and without interruption for 20 years (30 years against the Government).

Negative (extinctive) prescription is the loss of a right by lapse of time; section 27 of the Limitation Act extinguishes the owner's right to property when the period for a suit for possession expires, which is the basis of title by adverse possession. Use by permission or in secret can never found prescription.

Example

The neighbour acquired a right of way by prescription after openly using the path as of right for over 20 years.

In Indian law

• s.15, Indian Easements Act, 1882
• ss.25 and 27, Limitation Act, 1963

See also

easement · adverse possession · nec vi nec clam nec precario · limitation

Read more in the study notes

• Prescription, adverse possession and extinguishment of title (sections 25 to 27) (Civil Procedure Code and Limitation Act)
• Limitation Act, 1963: salient features, bar of limitation, condonation of delay and legal disability (Civil Procedure Code and Limitation Act)
• Succession to a Hindu female and stridhana (Family Law I - Hindu Law)
• Sharing of resources and inter-State disputes (Indian Constitutional Law - New Challenges)
• Deceptive similarity and infringement of trade marks (Intellectual Property Rights I)
• Nuisance (Law of Torts)