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Report No. 89

Chapter 26

Section 26: Reversioner

26.1. Section.-Exclusion of certain periods.- Continuing the subject of easements in section 25 dealt with section 26 provides that in computing the period of twenty years mentioned in section 25, if the servant tenant has been held by virtue of any life interest or any other (limited) interest for a term exceeding three years, the time of enjoyment of such easement during the continuance of such life interest or limited interest shall be excluded in computing the period of twenty years, in case the claim to the easement is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the dominant tenement

The object of this section is to preclude any easement from arising where the servient tenement is enjoyed of held for a limited peri.-obviously because a person having a limited interest may not have any enthusiasm in opposing or resisting any enjoyment that might ultimately ripen into an easement.

26.2. No change.- No change is needed in the section.

The Limitation Act, 1963 Back

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