Assume section 25 of the Limitation Act, 1963 applies and the land over which the right is claimed is…
Section 25(1) requires peaceable, uninterrupted enjoyment as an easement and as of right for 20 years in the stated private-property setting. When the statutory requirements…
Choose your answer
Assume section 25 of the Limitation Act, 1963 applies and the land over which the right is claimed is privately owned. Which statements about a prescriptive easement of light or air are correct?
I. Access and use for a building must be enjoyed peaceably, as an easement and as of right, without interruption for 20 years.
II. If the statutory conditions are met, the easement becomes absolute and indefeasible.
III. The 20-year period must end within three years before the suit in which the claim is contested.
Answer and explanation
Correct answer C
Section 25(1) requires peaceable, uninterrupted enjoyment as an easement and as of right for 20 years in the stated private-property setting.
When the statutory requirements are met, the right of access and use becomes absolute and indefeasible.
The period must end within the two years before institution of the suit in which the claim is contested.
Option feedback
Option A
Statement II is also correct once the statutory conditions are met.
Option B
The first statement is accurate, but the required interval before suit is two years.
Option C
The first two statements reflect section 25(1). Section 25(2) specifies two years rather than three.
Option D
The effect of prescription is stated correctly, but the three-year interval is wrong and statement I is also correct.
Practice for these exams
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Himachal Pradesh Judicial Services
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CUET PG Law (LL.M.)
Subject revision