Under the Indian Easements Act, 1882, consider two statements. Statement I. For privately owned servient land, peaceable and uninterrupted enjoyment as an easement of access to light or air for a…
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Under the Indian Easements Act, 1882, consider two statements.
Statement I. For privately owned servient land, peaceable and uninterrupted enjoyment as an easement of access to light or air for a building can establish a prescriptive right after 20 years if the other statutory conditions are met.
Statement II. A right to the free passage of light or air to an open space of ground cannot be acquired by prescription.
Which statements are correct?
Statement I only
Statement II only
Both statements
Neither statement
Answer and explanation
Section 15 provides for prescriptive enjoyment of light or air for a building. For Government property the section substitutes 30 years for 20 years. Section 17(b) excludes a right to the free passage of light or air to open ground from acquisition by prescription.
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Rajasthan Judicial Services
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