S
25 Acquisition of easement by prescription
The
following conditions must be satisfied for the acquisition of right
to easement:
a)
In the case of access and use of light or air to and for any
building: that they have been enjoyed therewith-
1)Peaceably
2)
as an easement,
3)
as of right,
4)
without interruption,
5)
for 20 years(or in case of government property for 30 years).
b)
in the case of any way,or watercourse or the use of any water or any
other easement: that it has been enjoyed therewith-
1)
Peaceably,
2)
openly,
3)
by any person claiming title thereto,
4)as
an easement,
5)
of right,
6)
without interruption,
7)
for 20 years(or in case of government property for 30 years).
Read important Judgments on easement:
S
27 EXTINGUISHMENT OF RIGHT TO PROPERTY
At
the determination of the period hereby limited to any person for
instituting a suit for possession of any property, his right to such
property shall be extinguished.
The
limitation act lays down a rule of substantive law in S 27. It
declares that after lapse of period provided by this enactment, the
right itself is gone and title cease to exist, and not merely the
remedy. If an owner, whose property is encroached upon,suffers his
right to be barred by law of limitation,the practical effect is the
extinction of his title in favour of the party in possession.It is
utmost consequence in India that the security,which long possession
affords should not weakened.
Under
this section not only the ownership of one person is extinguished,but
an absolute ownership is also acquired by other person in adverse
possession. Twelve year's adverse possession of land by
wrong-doer
not only bars the remedy and extinguishes the title of the rightful
owner, but confers a good title upon the wrong-doer.
Essentials
of adverse possession
The following are the
essentials of adverse possession:-
1) Defendant must be in actual
possession.
2) Possession must be adequate
in continuity, in publicity and in the extent to show that it is
adverse on the owner. The possession must be open,
notorious,actual,exclusive and adverse.
3) There must be an intention
to hold the property.
4) Possession can not be
adverse if its commencement can be referred to a lawful title.
The
law of prescription has twofold function:
1) It extinguishes rights and
remedies.
2) It creates new titles. In
the former character, it is termed as extinctive prescription; in the
latter, it is called acquisitive prescription.
Read important judgments on Adverse possession:
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