Part IV – Acquisition of Ownership by Possession
26. Acquisition of right to easements.—
(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 any 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. 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.
(2) Where the property over which a right is claimed under subsection (1) belongs to[the Government], that subsection shall be read as if for the words “twenty years” the words “sixty 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.
27. Exclusion in favour of reversioner of servient tenement.—
Where any land or water upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of the interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land or water.
Table of Contents
Part II – Limitation of Suits, Appeals and Applications
Part III – Computation of Period of Limitation