In a suit filed in 1883 for obstruction of a right of way, the defendant admits the obstruction but…
Illustration (a) to section 15 holds that on these facts "The plaintiff is entitled to judgment." Section 15 makes a right of way absolute when it has been peaceably and…
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In a suit filed in 1883 for obstruction of a right of way, the defendant admits the obstruction but denies the right. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title to it as an easement and as of right, without interruption, from 1 January 1862 to 1 January 1882. What is the result?
Answer and explanation
Correct answer A
Illustration (a) to section 15 holds that on these facts "The plaintiff is entitled to judgment." Section 15 makes a right of way absolute when it has been peaceably and openly enjoyed by a person claiming title, as an easement and as of right, without interruption, for twenty years. The period of 1862 to 1882 is twenty years and ends within two years before the suit; thirty years applies only where the land belongs to the Government.