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No Absolute Rule Prevents Claiming Prescriptive Easement Right of Way Over Paddy Field Ridges; Burden of Proof Rests on Claimant: Kerala HC High Court

02 Sep 2024 4 min read
No Absolute Rule Prevents Claiming Prescriptive Easement Right of Way Over Paddy Field Ridges; Burden of Proof Rests on Claimant: Kerala HC High Court

In a recent ruling, the Kerala High Court dealt with a significant case under the Indian Easements Act, 1882, particularly concerning the prescriptive easement right of way. The case involved a dispute over a pathway that the plaintiff claimed had been used continuously, thereby granting him a prescriptive easement right under the law. The court was tasked with determining whether the plaintiff's claim to the easement was justified or whether…

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