Mercin v. Edwin and Others – sllr 1984 volume 1 page 224

In the case between Mercin (plaintiff/appellant and co-owner of lot C) and Edwin with others (defendants/respondents and owners of servient tenements), the court addressed whether the plaintiff had acquired a right of way over the servient tenement by prescription. It was held that the plaintiff established adverse, uninterrupted use of the disputed pathway for the requisite prescriptive period, entitling restoration of possession and nominal damages. The principle reaffirmed is that mere enjoyment of a right of way, absent evidence of permission, constitutes evidence of adverse use sufficient for prescription. The decision relied on precedential standards governing prescriptive rights and the evidentiary value of partition plans and surveyor reports, emphasizing that incorrect inference f