Sections 25 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 25 says when an easement such as light, air, a way or a watercourse becomes absolute through twenty years of peaceable, open enjoyment as of right. Section 26 excludes, in favour of a reversioner of the servient land, time during a life interest or a term of years. This article also notes section 29(4) on the Indian Easements Act, 1882.
This article follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked before you rely on it.
Under section 25(1), an easement of light or air, a way, a watercourse, the use of water or another easement becomes absolute and indefeasible after twenty years of peaceable (and for most, open) enjoyment as of right, without interruption. Section 25(2) says the twenty years must end within two years before the suit, and section 25(3) makes it thirty years for Government property. Under section 26, time during a life interest or a term exceeding three years is excluded if the reversioner resists the claim within three years after it ends.
Section 25(1): the twenty-year rule
Section 25(1) has two limbs.
| Limb | Easement | Conditions in the text |
|---|---|---|
| First | Access and use of light or air to and for any building | Peaceably enjoyed with the building, as an easement, as of right, without interruption, for twenty years |
| Second | Any way, watercourse, use of any water or any other easement (affirmative or negative) | Peaceably and openly enjoyed by a person claiming title as an easement, as of right, without interruption, for twenty years |
When the conditions are met, "the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible".
The words that carry the weight are:
- peaceably: the enjoyment is not by force. For the second limb the text also says openly.
- as of right: the enjoyment is claimed as a right, not by permission.
- without interruption: see the Explanation below.
- twenty years: the period.
The Act defines "easement" in section 2(f) as including a right not arising from contract by which one person may remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, attached to or subsisting upon the land of another; see sections 1 and 2. The text of section 25 does not itself give examples beyond light, air, way and watercourse.
For the property-law background on easements, see our post on easements and the Transfer of Property Act: right of way and light.
If you are enjoying, or being denied, a right of way or light and want to know whether twenty years have run, a legal consultation helps you set out the facts against the text.
Section 25(2): the period must be recent
Section 25(2) reads: "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."
So the twenty years are not any twenty years in the past. They must be a period ending within two years next before the institution of the suit in which the claim is contested.
A date illustration with invented facts: Mohan's family has used a path across Rakesh's land from 1 January 2000 as of right, peaceably and openly, without interruption. Twenty years end on 1 January 2020. If the suit contesting the claim is instituted on 1 June 2021, the period of twenty years ended within two years before the suit, so sub-section (2) is satisfied on those dates. If the suit were instituted on 1 June 2023, the twenty years ended more than two years before the suit and sub-section (2), on its words, would not be satisfied for that period. Section 12(1)'s exclusion of the first day applies to the count.
Section 25(3): Government property
Where the property over which a right is claimed under sub-section (1) belongs to the Government, that sub-section is read as if for the words "twenty years" the words "thirty years" were substituted. So against the Government the period is thirty years.
The Explanation: what counts as interruption
The Explanation reads: "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."
Reading the words, an interruption requires all of these:
- An actual discontinuance of the possession or enjoyment.
- Caused by an obstruction by the act of some person other than the claimant.
- The obstruction is submitted to or acquiesced in for one year after the claimant has notice of the obstruction and of the person making or authorising it.
So an obstruction that is resisted, or that does not stop the enjoyment, or that the claimant has not yet had notice of, is not an interruption on the text. The Act does not describe what resisting looks like, and this article does not add anything.
Section 26: exclusion in favour of the reversioner
The heading in the print reads "serivent tenement"; the word is a slip for "servient". Section 26 reads in plain terms: where any land or water upon, over or from which an easement has been enjoyed or derived has been held under or by virtue of an interest for life or in terms of years exceeding three years from the granting thereof, the time of the enjoyment of the easement during the continuance of that interest or term shall be excluded in computing the 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 that determination to the land or water.
The print has "the period twenty years" in the last part, where "the period of twenty years" is meant, with the word "of" missing. This is quoted as printed.
| Element | What the text says |
|---|---|
| The servient land or water | Held under an interest for life, or for a term of years exceeding three years from the granting |
| What is excluded | The time of enjoyment during the continuance of that interest or term |
| Condition | The claim is resisted, within three years next after the interest or term ends, by the person entitled on its end (the reversioner) |
An illustration: Anita holds land for life, and during her life Sanjay uses a path across it for twelve years. Anita dies, and the reversioner resists Sanjay's claim within three years after that. The twelve years of enjoyment during Anita's life interest are excluded in computing the twenty years. If the reversioner does not resist within three years after the interest ends, the section's condition is not met.
Section 29(4): where the Indian Easements Act, 1882 extends
Section 29(4) says sections 25 and 26 and the definition of "easement" in section 2 do not apply to cases arising in the territories to which the Indian Easements Act, 1882 (5 of 1882) may for the time being extend. This article names no territory, since the Act does not list them in this text. Check the current law to see whether that Act extends to the place where your property lies. See also section 29.
Section 29(2) lets a special or local law fix its own period. Never apply a Schedule period or the periods in sections 25 and 26 to a proceeding under a special law without checking that law.
Need help with a right of way or light dispute?
An easement claim depends on the length, nature and openness of the enjoyment and on any obstruction. We can go through your facts and papers in a legal consultation and tell you which parts of sections 25 and 26 are relevant.
Key takeaways
- Section 25(1): twenty years of peaceable enjoyment as of right, without interruption, makes an easement absolute and indefeasible; for ways and other easements the enjoyment must also be open.
- Section 25(2): the twenty years must end within two years before the suit contesting the claim.
- Section 25(3): thirty years for property belonging to the Government.
- An interruption needs an actual discontinuance by another's obstruction, submitted to or acquiesced in for one year after notice.
- Section 26 excludes enjoyment during a life interest or a term of more than three years, if the reversioner resists within three years after it ends.
- Section 29(4) takes cases in territories where the Indian Easements Act, 1882 extends outside sections 25 and 26.
Read next
- Sections 22–24: continuing breach, continuing tort, special damage and Gregorian calendar
- Section 27: extinguishment of right to property after limitation expires
- Section 29: savings, special and local laws, and marriage and divorce suits
- Easements and the Transfer of Property Act: right of way and light
Disclaimer: Based on a consolidated text of the Limitation Act, 1963 and its Schedule whose latest amendment shown is Act 46 of 1999, as consulted on 2 October 2026. A special or local law may fix a different period; later amendments and the current procedural law should be checked. This article is general information, not legal advice; check the official text before acting.