25. Acquisition of easements by prescription.—(1) Where the access and use of light or air to and
for any building have been peaceably enjoyed therewith as an easement, and as of right, without
interruption, and for twenty years, and where any way or watercourse or the use of any water or any other
easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person
claiming title thereto as an easement and as of right without interruption and for twenty years, the right to
such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute
and indefeasible.
(2) Each of the said periods of twenty years shall be taken to be a period ending within two years next
before the institution of the suit wherein the claim to which such period relates is contested.
10
(3) Where the property over which a right is claimed under sub-section (1) belongs to the
Government that sub-section shall be read as if for the words “twenty years” the words “thirty years”
were substituted.
Explanation.—Nothing is an interruption within the meaning of this section, unless where there is an
actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some
person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year
after the claimant has notice thereof and of the person making or authorising the same to be made.
26. Exclusion in favour of reversioner of serivent tenement.—Where any land or water upon, over
or from, which any easement has been enjoyed or derived has been held under or by virtue of any interest
for life or in terms of years exceeding three years from the granting thereof, the time of the enjoyment of
such easement during the continuance of such interest or term shall be excluded in the computation of the
period twenty years in case the claim is, within three years next after the determination of such interest or
term, resisted by the person entitled on such determination to the said land or water.
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.