Section 25 governs the acquisition of easements (rights to use another’s property for specific purposes) through prescription, detailing the time required for such rights to be legally established.
Key Points:
1. Acquisition of Easement:
- Easements are acquired by prescription when a person enjoys uninterrupted use of a specific right over another’s property for 20 years.
- If the property belongs to the Government, the required period is 30 years.
2. Continuous and Uninterrupted Use:
- The enjoyment of the easement must be continuous and uninterrupted during the prescribed period.
- Any significant break in the enjoyment of the right may prevent the acquisition of the easement.
3. Open and Peaceful Enjoyment:
- The enjoyment of the easement must be open, peaceful, and not based on force, fraud, or stealth.
- This ensures that the right is established transparently and without dispute.
4. Purpose:
- Section 25 recognizes long-standing usage as a legitimate basis for granting easementary rights, protecting the interests of individuals who have relied on such use over an extended period.
- It provides clarity and security for both property owners and those claiming easements.
5. Illustration:
- If A uses a pathway through B’s land openly and without interruption for 20 years, A acquires a prescriptive easement to use the pathway.
