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PART
IV
ACQUISITION
OF OWNERSHIP BY POSSESSION
26.
Acquisition of right to easements. - (1) 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
any 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.
Each
of the said periods of twenty years shall be taken to be a period
ending within two years next before the institution of the suit
wherein the claim to which such period relates is contested.
(2)
Where the property over which a right is claimed under subsection (1)
belongs to 28 [the 29Government], that subsection shall be
read as if for the words "twenty years" the words "sixty
years" were substituted.
Explanation.
- 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 authorising the same to be made.
27.
Exclusion in favour of reversioner of servient tenement. - Where
any land or water upon, over or from which any easement has been
enjoyed or derived has been held under or by virtue of the interest
for life or any term of years exceeding three years from the granting
thereof, the time of the enjoyment of such easement during the continuance
of such interest or term shall be excluded in the computation of
the period of twenty years in case the claim is, within three years
next after the determination of such interest or term, resisted
by the person entitled, on such determination, to the said land
or water.
28.
Substituted by the A.O., 1937, for "Government".
29.
Substituted by P.O., 1961 (1 of 1961), Article 2 and Table (with
effect from the 23rd March, 1956), for "Crown".
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