Right of easement

Acquisition of the right of easement: Section 26 of the Limitation Act provides for the rules of acquisition of the right of easement. According to this section the right of easement regarding enjoyment of light, air, way, watercourse, use of water or other easement shall be absolute and indefeasible if it is enjoyed continuously for a period of 20 years in the case of enjoying private property or 60 years in the case of public property. But this use or enjoyment must fulfill some essential conditions. i) In the case of access and use of light and air to or for any building the enjoyment must be-- peaceable as an easement as of rights  without interruption for 20 years in the case of private property and 60 years in the case of public property ii) In the case of right to way, watercourse, use of water or any other easement the enjoyment must be – peaceable open  by the person claiming title thereto as of easement as of right without interruption for 20 years in the case of public property and 60 years in the case of private property. But the right acquired by section 26(1) will be extinguished if there is any interruption for 2 years. So, if any such right is acquired and subsequently obstructed, the person acquired it must file a suit within 2 years claiming such a right. Example: A is using a right of way on the land of B for 20 years peacefully and openly to enter into his house. B objected after 20 years here A’s right to the way will be upheld by the Court under section 26. This is an example of acquisition of the right of easement or acquisitive property. Time of continuous enjoyment: Under clause3 of section 26 the property over which the right of easement is claimed must be enjoyed-- i) 20 years in the case of private property ii) 60 years where such property is a government property It has been provided in article 37 of the Limitation act that the person claiming the right of easement will have to file the suit within 3 years of his being obstructed from using the right. Easement for limited time or on condition (section 6 of EA 1882):  An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified act.