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 1 – Preamble

Part II – Limitation of Suits, Appeals and Applications

Part III – Computation of Period of Limitation

Part IV – Acquisition Of Ownership By Possession

Part V – Savings and Repeals

Schedules