Monday, 21 May 2018

SHORT NOTES ON LIMITATION ACT PART 4


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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