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 any interest for life or in terms 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.
Legal Commentary & Landmark Judgments: Section 26
Section 26 of the Limitation Act, 1963 protects reversioners of servient tenements, providing that where an easement is claimed over land held under a life interest or lease exceeding three years, the time of such tenancy is excluded if resisted within three years of determination.
When a tenant vacates after a long lease and a neighbor claims a prescriptive right of way acquired during the tenancy, the landlord must immediately resist the claim and file a declaratory suit within three years under Section 26.