LawgistThe Indian Easements Act
17Rights which cannot be acquired by prescription
Easements acquired under section 15 are said to be acquired by prescription, and are called prescriptive rights.
None of the following rights can be so acquired:--
(a) a right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed;
(b) a right to the free passage of light or air to an open space of ground;
(c) a right to surface-water not flowing in a stream and not permanently collected in a pool, tank or otherwise;
(d) a right to underground water not passing in a defined channel.
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THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
- 8 Who may impose easements
- 9 Servient owners
- 10 Lessor and mortgagor
- 11 Lessee
- 12 Who may acquire easements
- 13 Easements of necessity and quasi easements
- 14 Direction of way of necessity
- 15 Acquisition by prescription
- 16 Exclusion in favour of reversioner of servient heritage
- 17 Rights which cannot be acquired by prescription
- 18 Customary easements
- 19 Transfer of dominant heritage passes easement
