Nec vi, nec clam, nec precario
Latin: Not by force, not by stealth, not by permission
Also called: Peaceable, open and as of right
The test for enjoyment or possession that can ripen into a right by lapse of time: it must be peaceable, open and as of right, not under the owner's permission.
Explained
The maxim describes the quality of user or possession needed to acquire a right against an owner by long enjoyment. Nec vi means the enjoyment was not obtained or kept by force; nec clam means it was not secret, so the owner had the opportunity to know of it; nec precario means it was not by the owner's permission or licence, which can be withdrawn at will.
Indian statutes express the maxim in their own words. Section 15 of the Indian Easements Act, 1882 makes a right of way or other easement absolute when it has been peaceably and openly enjoyed by a person claiming title to it, as an easement and as of right, without interruption, for twenty years, or thirty years against Government. Section 25 of the Limitation Act, 1963 uses similar language. Explanation I to Section 15 excludes enjoyment under an agreement with the owner that shows the right was not granted as an easement, Illustration (b) shows that enjoyment as lessee is not enjoyment as an easement, and Illustration (c) shows that asking the owner's leave defeats enjoyment as of right.
The same test governs adverse possession of immovable property. In Ravinder Kaur Grewal v. Manjit Kaur (2019) the Supreme Court described adverse possession as possession that is continuous, open and hostile to the owner's title, nec vi, nec clam, nec precario, with animus possidendi, and held that a person who has perfected title in this way may sue as plaintiff and not merely defend. Once the period for the owner's suit for possession expires, Section 27 of the Limitation Act extinguishes his right.
Examiners test the meaning of each limb, why possession or user by a licensee or lessee, being permissive, cannot ripen into a right while it remains permissive, and the twenty and thirty year periods in Section 15.
What the law says
Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years,
and where support from one person’s land or things affixed thereto has been peaceably received by another person’s land subjected to artificial pressure or by things affixed thereto as an easement, without interruption, and for twenty years,
and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement, and as of right, without interruption, and for twenty years,
Easement by prescription: peaceable, open, as of right, for twenty years
(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible.
(2) Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.
(3) 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 “thirty years” were substituted.
Acquisition of easements by prescription in similar terms
At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.
Owner's right to property extinguished when limitation for possession ends
Example
For example, if B has walked across A's field for twenty five years only because A allowed him to, B acquires no easement of way, because his user was precario, by permission, and not as of right.
For the exam
- Meaning: not by force, not secretly, not by permission.
- Section 15 Easements Act: peaceable, open, as of right, uninterrupted for 20 years (30 against Government).
- Permissive user, as by a licensee or lessee, does not ripen into an easement or adverse title.
- Ravinder Kaur Grewal (2019): title by adverse possession can be used by a plaintiff.
- Section 27 Limitation Act extinguishes the owner's right when his period to sue expires.
Judgments
Related terms
- EasementA right of the owner or occupier of land, as such, for its beneficial enjoyment, to do something, or prevent something being done, on other land not his own.
- Immovable propertyLand, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. Defined inclusively in Section 3(26) of the General Clauses Act, 1897.
- Period of limitationUnder Section 2(j) of the Limitation Act, the period prescribed for a suit, appeal or application by the Schedule. In criminal law, the period in Section 514 BNSS for taking cognizance.
- Prescribed periodUnder Section 2(j) of the Limitation Act, the period of limitation computed in accordance with the Act, as distinct from the bare period fixed by the Schedule.
- Vigilantibus non dormientibus jura subveniuntThe law helps those who are vigilant about their rights, not those who sleep over them. It is the policy behind the law of limitation and the doctrine of laches.
Further reading
Checked 12 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.