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    Question

    According to Section 25 of the Limitation Act, 1963,

    what is the prescribed period required to acquire an easement through prescription over private property? 
    A 5 years of continuous and peaceful use Correct Answer Incorrect Answer
    B 10 years of continuous and peaceful use Correct Answer Incorrect Answer
    C 20 years of continuous, uninterrupted, open, and peaceful use as of right Correct Answer Incorrect Answer
    D 30 years of use, even if interrupted Correct Answer Incorrect Answer
    E No specific period; easement can be acquired immediately upon first use Correct Answer Incorrect Answer

    Solution

    Section 25(1) states: "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." For government property, the period extends to 30 years. The enjoyment must be: (i) continuous; (ii) uninterrupted (no obstruction acquiesced to for one year); (iii) open and visible, not secret; and (iv) as of right, meaning without permission or license.

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