Indian Easements Act,1882
Act No : 5
Section : Acquisition by prescription
15. Acquisition by prescription.-Where the access and use oflight or air to and for any building have been peaceably enjoyedtherewith, as an easement, without interruption, and for twenty years, and where support from one person's land or things affixedthereto has been peaceably received by another person's land subjectedto artificial pressure or by things affixed thereto, as an easement,without interruption, and for twenty years, and where a right of way or any other easement has been peaceablyand openly enjoyed by any person claiming title thereto, as aneasement, and as of right, without interruption, and for twenty years, the right to such access and use of light or air, support orother easement shall be absolute.----------------------------------------------------------------------1 See now the Land Acquisition Act, 1894 (1 of 1894).2 Subs. by Act 12 of 1891, for "right".13 Each of the said periods of twenty years shall be taken to be aperiod ending within two years next before the institution of the suitwherein the claim to which such period relates is contested. Explanation I.--Nothing is an enjoyment within the meaning ofthis section when it has been had in pursuance of an agreement withthe owner or occupier of the property over which the right is claimed,and it is apparent from the agreement that such right has not beengranted as an easement, or, if granted as an easement, that it hasbeen granted for a limited period, or subject to a condition on thefulfilment of which it is to cease. Explanation II.--Nothing is an interruption within the meaning ofthis section unless where there is an actual cessation of theenjoyment by reason of an obstruction by the act of some person otherthan the claimant, and unless such obstruction is submitted to oracquiesced in for one year after the claimant has notice thereof andof the person making or authorizing the same to be made. Explanation III.--Suspension of enjoyment in pursuance of acontract between the dominant and servient owners is not aninterruption within the meaning of this section. Explanation IV.--In the case of an easement to pollute water, thesaid period of twenty years begins when the pollution first prejudicesperceptibly the servient heritage. When the property over which a right is claimed under thissection belongs to the Government, this section shall be read as if,for the words "twenty years" the words "1*[thirty years]" weresubstituted. Illustrations (a) A suit is brought in 1883 for obstructing a right of way. Thedefendant admits the obstruction, but denies the right of way. Theplaintiff proves that the right was peaceably and openly enjoyed byhim, claiming title thereto as an easement and as of right, withoutinterruption, from 1st January, 1862, to 1st January, 1882. Theplaintiff is entitled to judgment. (b) In a like suit the plaintiff shows that the right waspeaceably and openly enjoyed by him for twenty years. The defendantproves that for a year of that time the plaintiff was entitled topossession of the servient heritage as lessee thereof and enjoyed theright as such lessee. The suit shall be dismissed, for the right ofway has not been enjoyed "as an easement" for twenty years. (c) In a like suit the plaintiff shows that the right waspeaceably and openly enjoyed by him for twenty years. The defendantproves that the plaintiff on one occasion during the twenty years hadadmitted that the user was not of right and asked his leave to enjoythe right. The suit shall be dismissed, for the right of way has notbeen enjoyed "as of right" for twenty years.----------------------------------------------------------------------1 Subs. by Act 36 of 1963, s. 28, for "sixty years" (w.e.f. 1-1-1964).14
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