easements by grant: a grant by the owner of the servient heritage.
The origin of all easements is, theoretically, grant by the servient owner. It may be express or implied. Easement may also be presumed from long user.
The evidence from which a lost grant may be inferred is not very different from the evidence on which a claim for a prescriptive easement may be established.
(Drainage system of defendant’s building connected with sewer line of plaintiff’s building – Right claimed by defendant exercised secretly – Held, right was not proved.) The presumption of lost grant may be negatived by showing legal incompetence as regards owner of the servient tenement to grant an easement or a physical incapacity of being obstructed as regard the easement itself or an uncertainty or secrecy of enjoyment putting out of the category of all known easements.
Where the plaintiff did make out a case of user from time immemorial in the plaint a decree could be granted on the basis of lost grant.
Proof of the origin of right or by such proof of long & uninterrupted usage as in the absence of a documentary title will suffice to establish a prescriptive right.
It is not known that what are the pleadings and supporting documents filed by the opposite party, hence you may have to fight it out on merits and the strong reasons you rely upon