Limitation Act 1963 Section 25: Acquisition of Easement by Prescription
Text of the Section
(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 before the institution of the suit wherein the claim to which such period relates is contested.
(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 enjoyment by reason of an obstruction by the act of some other person 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.”
Explanation Limitation Act 1963 Section 25
Section 25 of the Limitation Act 1963 explains how someone can gain a legal right, called an easement, by using something—like light, air, a path, or water—for a long time without anyone stopping them.
In simple terms, if you’ve openly and peacefully used something (like a neighbor’s path to your house) for 20 years without permission and without being blocked, you earn a permanent right to keep using it. For government land, it takes 30 years instead of 20. The 20 (or 30) years must end within 2 years before you file a lawsuit to claim this right.
An interruption only counts if someone physically stops your use, and you let it slide for a year after knowing about it. This rule rewards long-term, unchallenged use with legal protection.
Key Points Limitation Act 1963 Section 25
- Easements (e.g., light, air, paths, water) gained by 20 years of open, peaceful use as a right.
- Requires no interruptions and no permission from the owner.
- For government property, the period is 30 years.
- The 20/30-year period must end within 2 years before filing a suit.
- Interruptions count only if use stops due to another’s act and is accepted for a year.
Examples Limitation Act 1963 Section 25
- You use a neighbor’s path openly since 2003, sue in 2025—20 years met, easement granted if unchallenged.
- Window gets light since 1995, blocked briefly in 2024 but resumed—sue in 2025, 20 years likely valid.