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Indian Easements Act,1882

Act No : 5


Section : Rights which cannot be acquired by prescription

17. Rights which cannot be acquired by prescription.-Easementsacquired under section 15 are said to be acquired by prescription, andare called prescriptive rights. None of the following rights can be so acquired:- (a) a right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed; (b) a right to the free passage of light or air to an open space of ground; (c) a right to surface-water not flowing in a stream and not permanently collected in a pool, tank or otherwise; (d) a right to underground water not passing in a defined channel.


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