section 17
Rights which cannot be acquired by prescription
Easements Act, 1977Civil197770 sections6 chapters
Chapter II THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
Statutory text
Rights which cannot be acquired by prescripti~a.-Easements acquired under section 15 are said to be acquired by prescription, and are called prescriptive rights. None of the folbom~ing 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 oherwise ;
- (d) a right to underground water not passing in a defined channel.
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