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Section 17: Rights which cannot be acquired by prescription.

The Indian Easements Act, 1882Central Act · Act 5 of 1882

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.

Where this provision sits

ActThe Indian Easements Act, 1882
Section17
Marginal noteRights which cannot be acquired by prescription.
JurisdictionCentral
StatusIn force as published by the source

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