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Indian Encasements Act, 1882


16. Exclusion in favor of reversioner of servant heritage

Provided that, when any land 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 any term 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 said last-mentioned 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.

Illustration

A sues for a declaration that he is entitled to a right to way over B's land. A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C had a life- interest in the land; that on Cs death B became entitled to the land; and that within two years after Cs death he contested As claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.



Indian Encasements Act, 1882 Back




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