(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, without interruption, and for twenty years,
and where any way or watercourse or the use of any water or other easement (whether affirmative or negative) has been peaceably and 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.
(2) 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.
(3) Where the property over which an easement is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words "twenty years" the words "thirty 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.
Legal Commentary & Landmark Judgments: Section 25
Section 25 of the Limitation Act, 1963 governs the acquisition of easements by prescription through continuous, peaceable, and open enjoyment.
Section 25 regulates the acquisition of prescriptive easements, conferring indefeasible rights of light, air, and way following twenty years of continuous, peaceable enjoyment.
An easement by prescription cannot ripen into an absolute right through mere lapse of twenty years outside of court; it matures only when challenged and declared in a suit instituted within two years of the completion of the twenty-year period. Permissive user or license defeats the essential element of 'as of right'.