Easement rights are an important part of property law. They allow one person to use another person’s land in a limited way, such as for a pathway, for water, or for receiving light and air. Section 25 of the Limitation Act explains how such rights can be acquired if they have been used continuously for a long time.
Easementary Right against Property
The section provides that if a person has used the easementary right over the property without disturbance for a continuous 20 years and has claimed the easementary right within 2 years of the 20 years ending, then the easementary right belongs to that person.
Easements Against the Government
Sub-section (3) of Section 25 allows easement rights to be claimed even against the Government, but only after 30 years of enjoyment. The term “belongs to the Government” means ownership and not just possession.
Conditions for Acquiring Easement Rights
To claim an easement under Section 25, certain conditions must be met. These depend on the type of easement:
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- For access to light and air in a building:
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- The use must be peaceful.
- It should be used as an easement, not as a favour.
- It must be claimed as a matter of right.
- The use should not be interrupted.
- The enjoyment must continue for at least 20 years, or 30 years if the land belongs to the Government.
Example: If someone builds a house and has enjoyed open air and sunlight through a neighbour’s open space for 20 years without disturbance, they can claim this as a right of easement.
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- For a pathway, watercourse, water use, or any other easement:
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- The use must be peaceful and without force.
- It must be open and not hidden.
- The person must claim it as a right.
- It must be used as an easement.
- The use must be without interruption.
- It should continue for at least 20 years, or 30 years in the case of Government land.
Example: If a farmer has been openly using a path across his neighbour’s land to reach his field for 20 years, or has been drawing water from a canal for irrigation for the same period, he can claim an easement over it.
Conclusion
Section 25 of the Limitation Act is a provision that allows people to acquire rights of easement through long and uninterrupted use. It does not fix the extent of the right but simply recognizes that if someone has enjoyed a pathway, water, air, or light peacefully for 20 years (or 30 years in the case of Government property), the law will protect this as an easement. These examples show how everyday use over time becomes a legally recognised right, ensuring fairness and stability in property-related matters.
