By lawmasterbook.com / 27 October 2024
1. How can easement be acquired under the Limitation Act?
1. Acquisition of easement.
Acquisition of easement by prescription (S. 25)
Filing suit within two years from interruption
Some important terms used in S. 25 –
(a) Where –
(b) Where –
In the case of Government property, the period extends to 30 years instead of 20 years in private cases (S. 25(3)).
S. 25 provides a substantive right of an easement to the easement holder. It lays down that the right to access and use of light or air, way or water course, use of water or their easement if peaceably enjoyed without interruption and for twenty years, it becomes absolute and indefeasible easement.
(i) A suit was brought in 1911 for obstruction of a right of way. The defendant admits the obstruction but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption from 1st January 1890 to 1st January 1910. The plaintiff is entitled to judgment.
(ii) In a like suit, the plaintiff shows that the right was peaceably and openly enjoyed by him for 20 years. The defendant proves that the plaintiff, on one occasion during the 20 years, has asked his (defendant’s) leave to enjoy the right. The suit shall be dismissed.
Sub-section (2) of S. 25 states that each of the periods of twenty years shall be taken to be a period ending within two years before the institution of the suit wherein the claim to which such period relates is contested.
In other words, sub-section (2) explains how the period of 20 years (mentioned in sub-section (1) of S. 25) is to be computed. According to it, the exercise of an easement right must be within a period of two years of the suit. If it was not exercised (i.e. the suit is not filed) within that period of two years (from interruption of easement right), the suit will be time-barred.
The word ‘as of right’ connotes that the person claiming the right must have exercised it as if he had been the true owner without permission or license from anybody else. In other words, the term ‘as of right’ means ‘without permission or favour of anybody else’.
The term ‘peaceably’ connotes that the enjoyment of the right should be neither by violence nor by force nor by hostile disturbances on the other party.
The term ‘openly enjoyed’ connotes that the enjoyment of rights must be open, peaceful and manifest but not clandestine and invisible. In other words, to create right, the servient tenement should have knowledge of such enjoyment by others.
The term ‘without interruption’ connotes that the enjoyment of right must be without any obstruction or prevention to the user of easement by some person acting adversely.
Explanation to S. 25 provides that – nothing to be considered as interruption:
In other words, for the time being, a mere non-user of an easement is not an interruption.
The claimant must have enjoyed the right as an easement in another’s property. In other words, the right must have been enjoyed by the claimant as a dominant owner on the land of another (i.e. servient tenement).
[1] कब्जाने / वहिवाटीने मालकीहक्क मिळवणे
[2] सततच्या उपभोगाने सुविधा अधिकार मिळणे
[3] Of the Limitation Act, 1963
[4] हक्क म्हणून / अधिकार म्हणून
[5] शांततापूर्ण
[6] प्रकटपणे उपभोग
[7] मूल मालकाच्या कोणत्याही अडथळ्याशिवाय
[8] सुविधाधिकार म्हणून
