Indian Easements Act,1882

Act No : 5

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Section : Exclusion in favour of reversioner of servient heritage

16. Exclusion in favour of reversioner of servient heritage.-Provided that, when any land upon, over or from which any easement hasbeen enjoyed or derived has been held under or by virtue of anyinterest for life or any term of years exceeding three years from thegranting thereof, the time of the enjoyment of such easement duringthe continuance of such interest or term shall be excluded in thecomputation of the said last-mentioned period of twenty years, in casethe claim is, within three years next after the determination of suchinterest or term, resisted by the person entitled, on suchdetermination, to the said land. Illustration A sues for a declaration that he is entitled to a right of wayover B's land. A proves that he has enjoyed the right for twenty-fiveyears; but B shows that during ten of these years C had a life-interest in the land; that on C's death B became entitled to the land;and that within two years after C's death he contested A's claim tothe right. The suit must be dismissed, as A, with reference to theprovisions of this section, has only proved enjoyment for fifteenyears.

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