Where section 25 of the Limitation Act, 1963 applies, how many years of qualifying enjoyment are…
Section 25(1) requires twenty years of qualifying enjoyment as of right and without interruption. Under section 25(2), that period must end within two years before…
Choose your answer
Where section 25 of the Limitation Act, 1963 applies, how many years of qualifying enjoyment are required under section 25(1) to acquire an easement by prescription over private property?
Answer and explanation
Correct answer D
Section 25(1) requires twenty years of qualifying enjoyment as of right and without interruption. Under section 25(2), that period must end within two years before institution of the suit in which the claim is contested.
The prescriptive period for government property is thirty years under section 25(3). Section 29(4) excludes cases arising in territories to which the Indian Easements Act, 1882 extends.
Option feedback
Option A
Twelve years is not the prescriptive period specified by section 25(1).
Option B
Seven years falls short of the twenty-year period specified by section 25(1).
Option C
Four years falls short of the twenty-year period specified by section 25(1).
Option D
Twenty years is the qualifying period for private property under this provision.
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