Under the Prescription Act 1832, rights that have been used continuously for 40 years or more become what?

• A. Absolute and indefeasible
• B. Revocable
• C. Susceptible to challenge by beneficiaries
• D. Subject to modification by future changes

Answer: (A)

The idea being tested is how long-use creates a prescriptive right. Under the Prescription Act 1832, if a right is exercised openly and continuously for forty years or more, that right becomes absolute and indefeasible. In practice, the user gains a permanent, unchallengeable easement attached to the land, immune from the landowner’s attempts to revoke it later. That’s why the correct description is that the right becomes absolute and indefeasible.