Limitation Act 1963 Section 26: Exclusion in Favour of Reversioner of Servient Tenement
Text of the Section
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 mentioned in section 25, if the claim is, within three years from the termination of such interest or term, resisted by the reversioner of the servient tenement.”
Explanation Limitation Act 1963 Section 26
Section 26 of the Limitation Act 1963 is about protecting the rights of a property owner (called a reversioner) when someone else has been using their land or water—like a path or stream—because of an easement (a legal right to use). In simple terms, if the land was under a temporary arrangement, like a life estate or a lease longer than three years, the time during that arrangement doesn’t count toward the 20 or 30 years needed to claim an easement under Section 25.
However, the reversioner must challenge the easement within three years after the arrangement ends. For example, if a tenant allows a path for years, the true owner can still stop it from becoming permanent by acting fast when they regain control. This rule gives the real owner a fair chance to protect their property.
Key Points Limitation Act 1963 Section 26
- Excludes time of easement enjoyment during life estates or leases over three years when calculating Section 25 periods.
- Applies to land/water easements (e.g., paths, streams).
- Reversioner (owner after temporary interest) must resist the easement within three years of the interest ending.
- Protects reversioner’s rights against prescriptive easements.
- Links directly to Section 25’s 20/30-year rules.
Examples Limitation Act 1963 Section 26
- Tenant allows path use from 2000 to 2023 (life estate); reversioner challenges in 2025—23 years excluded, no easement if within 3 years.
- Leaseholder permits water use 2010-2024 (14 years); reversioner resists in 2026—time excluded, easement claim fails if timely.
- Life interest ends 2025; reversioner sues 2027—exclusion applies, but late resistance may weaken claim.
- Path used during 5-year lease (2020-2025); reversioner acts in 2026—5 years don’t count toward 20-year easement.
- Government land leased 1995-2025; reversioner resists 2026—30 years not met, exclusion helps block easement.