Introduction
In the legal context prescription is a kind of naturalness – the right to utilize properties belonging to another.easement by prescription In this regard it is the case that the right to use land during a statutory time has been continuous, open exclusive and subject to an assertion of rights. The word limitation does not define the significance. The literal meaning of the word limit is the rules or restrictions which are restricted. The statute of limitations is the period of time provided to the victim in various lawsuits, by which parties may apply to the court for resolution of the injustice.
Doctrine of prescription
What exactly is an easement?
It is the ability that an owner has to possess or hold land that grants the owner the right to beneficial enjoyment over the land of a person that he doesn’t have. The right is granted to the land owner to allow him to fully enjoy the rights of his property. So, a real estate property has certain rights that go along to the use of another estate. Without this, the property can’t be easily and completely used and appreciated. For instance, if done properly sunlight or water, sewage, etc.
The acquisition of easements is done by prescription
Prescription illustrates the effects of time-bound restrictions on the creation of certain rights that are then eliminating the old rights. The term “prescription” refers to that you acquire an entitlement or title to an owner, in the way stipulated by the law. One can buy property or certain rights to a property to show that they owns the property or benefiting from the rights for a considerable period of time.
Thus, if there is the need to prove title following a prolonged, continuous and continuous occupation or have certain rights over real estate, it can result in hardship and unfairness. This is why the law allows an easement through prescription.
Section 15, of Indian Easement Act, 1882 discusses that to get a pre-approved right of accessibility to the use and usage of air or light for the construction of a structure or for assistance from the land of a person, it is enjoyed with peace and without hassle. The interruption lasted for 20 years. There was no right of way, or any other privilege could have been enjoyed in the same way and with such ease as an unimpeded right for the last twenty years.
Principle involved
The basis of the doctrine of prescription is it is to recognize legal rights and titles that have been and enjoyed. Even if the enjoyment enjoyed by that right or title was unlawful when it was first creation The law is able to think it is appropriate not disrupt this type of enjoyment. The law permits this right in order to show that the source of the title is likely to create unnecessary hardship for an individual.
Illustration
The plaintiff proves that he enjoyed his time in peace and without a trace for 20 years without discrimination. The defendant, B, establishes that A has admitted on only one occasion over the course of 20 years that the person wasn’t right and asked him to use his right to leave. The lawsuit is rejected because the right was not a right for the full twenty years.
The theory of Lost Grant
The presumption that comes with the theory of this is there was an authority grant however, the grant was not made. Therefore, the right to grant authority is legally recognized. The Court has concluded that these actions were taken and that the circumstances required to establish an appropriate title. The principle is applied when enjoyment is not able to be enjoyed in other ways. The case of Dalton V. Angus (1881) 6 App Cas 740; 46 JP 130 50 LJQB 689, the court remarked that the concept that lost grant was conceived to serve as a way to reach attain a goal. It can only be displace with the assumption that it is the case not a granted in past. This principle could be used to get an easement in an independent mode, separate from the law’s provisions.
Essentials of easement prescribed by prescription
Enjoyed with peace
The indulgence must be free of any violence, and should not be subject to frequently fought battles or legal obstacles from the proprietor. The prescription for relaxation is not a valid reason. is possible under non-peaceful pleasure.
It was a pleasure to be open about it.
The requirement for open enjoyment implies that the owner of the property has to be either aware about the process of access to the master in control or have the ability to access expertise that could be assigned to him.easement by prescription
As of Right
This means that the pleasure of spontaneity must be free of violence, and without theft and without consent. This means that rest must enjoy as a privilege.
Without interruption
Relaxation must be enjoyed without any stumbling block that may result from an obstacle related to the job of the servant. Because of these interruptions, the enjoyment of relaxation must be a reality. The owner of the property must be given knowledge of the obstruction as well as the its authorisation by the person creating or allowing the obstruction. It is not required that any kind of oral or written notice be provided by the servant owner to the owner of the primary.
For the past twenty years
An unbroken duration of twenty years only establishes an easement through prescription. The 20-year period can be extended to 30 years , if the state receives the benefits of its services. In Manikkan v. Kamala [AIR 1987 Ker. 72The court ruled that when trees’ branches take over the land surrounding it, there is no legal right to occupy the land they occupy. The person who owns the tree doesn’t acquire any rights in relation to the neighbor’s property, due to the fact that branches of the tree are scattered over the soil for a prolonged time. The tree cannot be rehabilitated through a prescription to maintain the nuisance.
Rights that are not attainable through prescription
The four rights mentioned in Section 17 cannot be acquired with a prescription.
A right that results in the complete destruction of the person who is the subject of the right, or of the property which it was based is liable.easement by prescription
The right to free movement of air or light over large areas of space on the surface
Surface water is water flowing through streams and is not stored in a pool or tank.
The water right that underground water has does not flow through the channel that is defined
Doctrine of limitation
The fundamental concept behind limitation is the process of fixing or creating time frames to avoid legal action. According to the section 2(j) of the Limitation Act, 1963, that talks about a term of limitations, that refers to the limitation period that is set for appeals, appeals or application according to the schedule and specified period, which is the time limit. requirements of this Act were constructed in line with.
The law outlines the denial of the date of limitation for various legal actions that a person can pursue against himself or herself , and may seek an investigation or a remedy before the judge. If a lawsuit is filed at a later date is crossed, it will be subject to statutes of limitations. The protection of the long process of retributing someone indirectly and not committing an offense is the principal and primary reason behind the statute of limitations.easement by prescription
In accordance with the provisions in the Act that it is the suit that is initiated, the appeal that is considered and the demand to file it after the period specified is dismissed, regardless of whether the limitation was not used as a defense made. This is a situation that begins when a complaint is filed by an officer who is in charge in a normal situation and the individual is an indigent. In other instances the lawsuit can be initiated by a request for the right to file a suit for a purpose is filed and the circumstances related to the allegations are against the business that is damaged by a judge. the applicant first submitted his claim to the liquidator’s office. When a claim is presented as a counterclaim or set-off or counterclaim, it will be treated as a separate legal proceeding and, in the case of set-off it is also considered to begin at the time the condition for setting off is set. . It is possible to say that in the event of an addition claim, the suit is scheduled for trial within the exact date that the counterclaim been filed. In this case, an order to move the High Court is requested when the request is made to the officer in charge of the court concerned.
The Limitation Act, 1963 does not change the provisions in the Indian Contract Act, 1872. The Act is now in force because it imposes on the Court to consider cases that are minor and in the midst of actions by complainants to avoid lengthy court proceedings.
Salient features
The Limitation Act consists of 32 sections and 137 articles. The articles are broken down into 10 sections. The first section covers accounts, the second covers agreements, while the third is about announcements, the fourth one is about decrees and equipment, while the fifth section is devoted to immovable property. The sixth one deals with moving property, and the seventh is about tights. The eighth part is about trusts and trust properties The ninth section is related to other matters of a different nature, and the last one relates to suits, for which there isn’t a set time frame.easement by prescription
The mortgage term is for a duration between 60 and 30 years in the event of a suit seeking the arrest or the recovery of the mortgaged immovable property or in the event of an foreclosure or mortgage in lawsuit or on behalf of the behalf of the Central Government or Jammu On behalf of any state or local government, for example, the State of Kashmir.
While a longer timeframe of 12 years was specified for various kinds of suits related to trusts, real estate, and other settlements. However, a timeframe of three years has been specified for suits that concern declarations, contracts, and accounts as well as suits that relate to decrees and instruments, as well as suits that concern the movable property.
A time of one to three years is provided for suits that concern trunks and other miscellaneous things as well as for suits in that the limitation period is not mentioned on the Schedule to the Act.
To avoid drawing conclusions from the advice of in the Third Report of the Law Commission on the Limitation Act of 190 as many of the illustrations provided are not needed and can be false. are doing..
In accordance with Section 85 and Section of Section 89 in the Code of Civil Procedure, the consent of the Central Government is required before prosecuting foreign ambassadors, rulers of the foreign realm, and messengers. It is also stipulated that the Limitation Act, 1963 provides that the period of time to obtain such consent is not met, it will not be considered in computing the time limit to file a suit.easement by prescription
The Limitation Act, 1963 shows that, with its new law that it does not make any distinctions of race or class for Hindu and Muslim law, in this case Syndicate Bank v. Prabha D. Naik [AIR 2001 SC 1968The Limitation Act, 1963 shows that there are no racial or class distinctions
The Supreme Court observed that the limitation statute in the Limitation Act, 1963 distinguishes any caste or class when making laws or enacting them. Particular individual.
