Does the right of ownership of a private road lapse over time (prescription), given that alternative routes have been provided to the claimant?
The jurisprudential rule, "The ancient is left upon its antiquity, and is not changed except with proof," is correct and branches from the rule of istishab (presumption of continuity). It means that an ancient, legally sanctioned matter is left in its state unless proven otherwise. The condition for this "antiquity" is that its origin and beginning are unknown, not that its beginning is known. If the ancient matter is harmful, its antiquity is not considered a justification for its continuation, based on the rule, "Harm does not become ancient." In the event of a dispute over an ancient path, the matter should be referred to the competent authorities for resolution.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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