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Where section 25 of the Limitation Act, 1963 applies and the servient property is privately owned, how…

Section 25(1) specifies twenty years of qualifying enjoyment, and section 25(2) requires that period to end within two years before institution of the suit in which the…

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Where section 25 of the Limitation Act, 1963 applies and the servient property is privately owned, how many years of qualifying enjoyment are required to acquire an easement by prescription under section 25(1)?

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Answer and explanation

Correct answer B

Section 25(1) specifies twenty years of qualifying enjoyment, and section 25(2) requires that period to end within two years before institution of the suit in which the claim is contested.

Section 25(3) substitutes thirty years where the property belongs to the Government.

See also section 29(4) of the Limitation Act, 1963.

Option feedback

Option A

Thirty years is the substituted period for government property under section 25(3).

Option B

Section 25(1) prescribes twenty years for the stated case.

Option C

Section 25(1) does not prescribe a twelve-year period.

Option D

Section 25(1) does not prescribe a twenty-five-year period.

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