Sunday, April 10, 2011

Easement

For the purpose of the Limitation Act, easement includes also a right, not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another, or anything growing in, or attached to or subsisting upon, the land of another.

Acquisition of the right to easements - 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 of 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 airway watercourse, use of water, or other easement shall be absolute and indefeasible, Each of the said periods of twenty years shall be taken to be period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. 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 authorizing the same to be made.

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