# Path blocked? 20 years makes it a right.

> A right of way becomes absolute when it has been used peaceably, openly, as of right and without interruption for twenty years (Limitation Act s.26(1)); sixty years over Government land (s.26(2)). Use by permission is only a licence, not an easement (2013 MLD 398; 1993 MLD 1481).

- Topic: Property and inheritance
- For: Citizens
- A 11-slide carousel: https://failegal.site/media/path-blocked-20-years-makes-it-a-right-right-of-way
- Published by FAI Legal on 2026-10-12

## Myth or fact?

What people often think.

- **Myth: I have used this path for years, so it is mine.**
- **Fact: Years alone are not enough. The use must be peaceable, open, as of right and without interruption, for twenty years (Limitation Act s.26(1)).**

## The three tests.

Section 26(1), Limitation Act.

- **The use** Peaceable and open.
- **The claim** As of right, as an easement. Not as a favour.
- **The time** Twenty years, without interruption.

## Quick quiz. Government land.

Guess first, then swipe for the answer.

- **A. 20 years**
- **B. 40 years**
- **C. 60 years**

## Answer: C. Section 26(2).

The rule in the law.

> "Where the property over which a right is claimed under sub-section (1) belongs to the Government, that sub-section shall be read as if for the words "twenty years" the words "sixty years" were substituted." (Limitation Act, 1908 · Section 26(2))

## Not every wall counts.

The Explanation to section 26.

- **Interruption** Only an actual stop to your use, caused by someone else's obstruction.
- **One year** And only if you put up with it for one year after you knew of it and who did it.

## Do not wait too long.

Section 26(1), Limitation Act.

- **The count** The twenty years must end within two years before your suit is filed.
- **So** Path blocked? Get advice and file in time.

## Myth or fact?

The permission trap.

- **Myth: My neighbour always let me pass, so it is my right.**
- **Fact: Use by permission is a licence, not an easement (2013 MLD 398, Sindh High Court). A casual passage through a neighbour's courtyard is a licence too (1993 MLD 1481, Peshawar High Court).**

## Before you file.

Get these ready.

- **Witnesses** People who saw you use the path over the years.
- **Papers** Old photos, a site plan, any record that shows the path.
- **The date** When the path was blocked, and by whom.

## Path or water blocked?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

- **My neighbour built a wall across the street we used for 30 years. What can I do?**
- **Draft a suit for a declaration of a right of way.**

## Sources

- Limitation Act, 1908 · Section 26(2): Acquisition of right to easements

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