(See also under Easement and ‘Right of way’)
right of way—A prescriptive right of way cannot be acquired by mere enjoyment
for the statutory period. The enjoyment must be as of right, i.e. not
attributable to permission implied or express.
Vs. Mafizuddin, (1955) 7 DLR 577.
—The mere fact that one person walks over the
land of another does not raise any presumption that he has a right to do so.
Numerous people pass over the lands of their neighbors, friends and relations
with their tacit permission. Such user though continuous and long is seldom
understood as being assertion of any right. Ibid.
—In a suit for prescriptive right of way the
plaintiff must show that user was such as was sufficient to put servient owner
on notice that the enjoyment was not attributable to his tacit permission or
right—acquisition of—limited interest by.
A limited interest of a lessee may be
acquired by prescriptive right.
Vs. Mozam Molla. (1956) 8 DLR 640.