Lim 25 — Acquisition of easements by prescription

Limitation Act, 1963

Statutory text

(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.
Explanation.—Nothing is an interruption within the meaning of this section, unless where there is an
actual  discontinuance  of  the  possession  or  enjoyment  by  reason  of  an  obstruction  by  the  act  of  some
person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

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