Section 25 of LA : Section 25: Acquisition Of Easements By Prescription

Explanation using Example

Imagine that Mr. Sharma has a house with windows that have been receiving sunlight and fresh air through an opening between two adjacent buildings for over 20 years. This uninterrupted use has allowed him to claim a right to light and air as an easement. If the owner of one of the adjacent buildings decides to construct an extension that blocks this opening, Mr. Sharma could file a lawsuit asserting his right to the easement of light and air.

According to Section 25(1) of The Limitation Act, 1963, since Mr. Sharma's enjoyment of light and air has been peaceful, open, and as of right for over 20 years, his right to the easement is absolute and indefeasible. This means that the court is likely to rule in his favor and prevent the neighbor from blocking the light and air to Mr. Sharma's windows.

However, if Mr. Sharma had only enjoyed the light and air for 18 years before the lawsuit, he would not have an absolute and indefeasible right to the easement, as he has not met the 20-year requirement as mentioned in Section 25(2).

If the adjacent land belonged to the government, as per Section 25(3), Mr. Sharma would have to prove that he enjoyed the light and air for 30 years instead of 20 to have an indefeasible right to the easement.