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National
Court Rules Easement by Prescription Requires Specific Pleading and Pathway Identification
✍️ livelaw.in
🗓 20 Sep 2026, 02:34 AM
👁 8
A recent judgment clarifies that a claim for easement by prescription cannot succeed unless the plaintiff explicitly pleads the right and precisely identifies the pathway involved.
The judiciary has issued a clear directive that a party seeking an easement by prescription must detail the claim in the pleadings and specify the exact route over which the right is asserted. The ruling emphasizes that generic or vague references to a right of way are insufficient for legal recognition. This interpretation aligns with longstanding principles of property law, ensuring that easement claims are substantiated with concrete evidence of continuous use. Legal practitioners are advised to incorporate precise descriptions of the pathway in their filings to avoid dismissal. The decision aims to bring greater clarity and predictability to easement disputes across the country.