Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Acquisition of Ownership by Possession under Sections 25-27 of the Limitation Act

Updated 11 October 2026 · Fact-checked

Section 25 of the Limitation Act, 1963 makes an easement absolute after 20 years of peaceable, open, uninterrupted enjoyment as of right (30 years for Government property). Section 27 extinguishes the owner's right to property once the time for a suit for possession ends. Answer by stating the provision, applying the facts, then concluding.

Understand Acquisition of Ownership by Possession (Sections 25-27)

Limitation normally bars only your remedy. You lose the right to go to court, but the right itself may remain. Sections 25 and 27 go further. They show how long enjoyment can build a right, and how delay can destroy one.

Section 25 deals with easements by prescription. An easement is a right over another person's land or property, such as a right of way, a right to light or air, or a right to use water.

For light or air, the access and use must be enjoyed for and with a building, peaceably, as of right, without interruption and for twenty years. For a way, watercourse, use of water or other easement, it must be peaceably and openly enjoyed by a person claiming title to it as an easement and as of right, without interruption, for twenty years. In either case the right becomes absolute and indefeasible.

The twenty years must end within two years next before the institution of the suit in which the claim is contested. If the property belongs to the Government, the period is thirty years instead of twenty. The Explanation says nothing is an interruption unless two conditions are met. First, there must be an actual discontinuance of the possession or enjoyment because of an obstruction by the act of some person other than the claimant. Second, the claimant must have submitted to or acquiesced in the obstruction for one year after having notice of it and of the person who made or authorised it.

Section 27 deals with the extinguishment of the right to property. When the period fixed for a suit for possession of any property ends, the right of the person who could have sued is extinguished. The person in possession is then protected, and this is the basis of what is called adverse possession. Note that the section does not use the words "adverse possession". It states only the extinguishment.

The contrast is simple. Section 25 builds a positive right in the user. Section 27 removes the right of the original owner. Also remember that section 29(4) says sections 25 and 26 and the definition of "easement" in section 2 do not apply where the Indian Easements Act, 1882 extends.

Key rules to remember

Easement by prescription (private property): Enjoyment as of right + without interruption + peaceable + 20 years = absolute and indefeasible right (s. 25(1)); Light and air: access and use enjoyed for and with a building, peaceably, as of right, without interruption, for 20 years. Way, watercourse, use of water or other easement: peaceably and openly enjoyed by a person claiming title to it as an easement and as of right, without interruption, for 20 years.
Easement over Government property: 20 years becomes 30 years (s. 25(3)); Applies where the property over which the right is claimed belongs to the Government.
Timing of the period: Period of 20 (or 30) years must end within 2 years next before the suit (s. 25(2)); The period is counted back from the suit in which the claim is contested, not from any random date.
Meaning of interruption: Actual discontinuance by obstruction by another person + submitted to or acquiesced in for 1 year after notice (Explanation to s. 25); Both conditions must be met. The notice must be of the obstruction and of the person who made or authorised it.
Extinguishment of right to property: Period limited for a suit for possession ends → right to the property is extinguished (s. 27); It applies to the person who had the right to sue for possession. It does not itself prescribe the period; read the Schedule for that.

How to solve Acquisition of Ownership by Possession (Sections 25-27) questions

Use this method for any problem or theory question on easements by prescription or extinguishment of right.

1Identify which section is in play. A right claimed over another's land, such as way, water, light or air, points to section 25. A person in long possession against the true owner points to section 27.
2For section 25, name the easement and check whether it is light or air for a building, or another easement claimed with title as an easement.
3Test each condition: peaceable, open (for non-light/air easements), as of right, and without interruption.
4Check the period: twenty years, or thirty if the property belongs to the Government. Confirm that it ends within two years before the suit.
5Test any obstruction against the Explanation. Was there an actual discontinuance, by another person, and was it submitted to or acquiesced in for one year after notice?
6For section 27, find the period for a suit for possession from the Schedule or the facts, then check whether it has expired. If it has, the owner's right is extinguished.
7Mention section 29(4) where the facts point to a territory covered by the Indian Easements Act, 1882.
8Conclude clearly: right acquired or not, right extinguished or not, with reasons.

Quickest way: Condition checklist

When to use it: Use it for short-fact problems when you have only a few minutes.

Write the section number and the rule in one line.
Tick off the conditions against the facts in a short list.
State the period as 20 or 30 years and check the two-year rule.
Check whether any obstruction was accepted for one year.
Write a one-line conclusion beginning with "Hence".

Common mistakes in Acquisition of Ownership by Possession (Sections 25-27)

Treating limitation as only barring the remedy and ignoring that section 27 extinguishes the right itself.
Students remember section 3, which bars suits, and assume all limitation works the same way.
Fix: Write that under section 27 the right to the property is extinguished once the period for a suit for possession ends.
Applying twenty years to Government property.
Students forget the sub-section (3) substitution.
Fix: Always check who owns the servient property. If it is the Government, use thirty years.
Counting twenty years from any period in the past.
Section 25(2) is overlooked.
Fix: Check that the twenty years ended within two years next before the suit in which the claim is contested.
Treating every obstruction as an interruption.
Students assume any interference breaks continuity.
Fix: Apply the Explanation: actual discontinuance, caused by another person, and acquiesced in for one year after notice.
Applying section 25 where the Indian Easements Act, 1882 extends.
Section 29(4) is skipped as a minor provision.
Fix: Mention that sections 25 and 26 and the definition of easement do not apply in territories to which that Act extends.
Writing that section 27 uses the term adverse possession or gives the period itself.
Textbooks use the phrase loosely.
Fix: Say that section 27 extinguishes the right once the period for a suit for possession ends. The period itself comes from the Schedule.

Worked examples

Example 1

Ravi's house in Pune has windows facing the neighbouring plot owned by Sunita. For 22 years Ravi has received light and air through these windows openly and without any interruption. Sunita now plans to build a wall blocking them. Advise Ravi.

Show the solution

Provision: section 25(1) of the Limitation Act, 1963 says that where access and use of light or air to and for a building have been peaceably enjoyed as an easement, as of right, without interruption, for twenty years, the right becomes absolute and indefeasible.
Facts: the light and air are enjoyed for Ravi's building, peaceably and without interruption. The enjoyment has lasted 22 years, which exceeds 20.
Sunita's plot is private, so the thirty-year period of section 25(3) does not apply.
Timing: under section 25(2), the twenty years must end within two years next before any suit in which the claim is contested. Ravi's enjoyment is continuing up to date, so this requirement is met.
Conclusion: Ravi has acquired an absolute and indefeasible easement to light and air.

Answer: Ravi has acquired an absolute and indefeasible easement under section 25(1) and can resist the wall. The requirement of section 25(2) is met because his enjoyment continues up to date.

Example 2

For 25 years, villagers have used a footpath across land belonging to the State Government to reach a river. They claim a right of way by prescription. Is the claim valid?

Show the solution

Provision: section 25(1) allows a right of way to become absolute after twenty years of peaceable and open enjoyment as of right, without interruption.
Government property: section 25(3) says that where the property belongs to the Government, thirty years must be read for twenty years.
Facts: the land belongs to the State Government, so thirty years is required. The villagers have used the path for only 25 years.
Since 25 is less than 30, the period is not complete.
Conclusion: the claim fails at present.

Answer: The claim is not valid yet. Since the servient land is Government property, section 25(3) requires thirty years of enjoyment, and only 25 years have passed. The villagers can acquire the right after five more years of uninterrupted enjoyment, subject to the other conditions.

Exam tips

Quote the section number and the key words, such as peaceably, openly, as of right, without interruption, in the first two lines.
Always check whether the property belongs to the Government. Examiners like to test the thirty-year rule.
Memorise the Explanation on interruption, including the one-year acquiescence condition.
For section 27, write that the right is extinguished, not merely that the suit is barred, and then link to section 3 in one line.
Answer in the order provision, facts, conclusion, and keep the conclusion to one sentence.

Practice questions from Law relating to Limitation

Acquisition of Ownership by Possession (Sections 25-27): frequently asked questions

What does section 27 of the Limitation Act say?

It says that when the period limited for a person to institute a suit for possession of any property ends, his right to that property is extinguished. This is why a person in long possession can be safe against the former owner.

How long is the period for an easement by prescription?

Section 25 sets twenty years for easements, including light, air, way and water. Where the property belongs to the Government, the period is thirty years. The period must end within two years before the suit in which the claim is contested.

What counts as interruption under section 25?

Only an actual discontinuance of possession or enjoyment caused by an obstruction by another person counts. Even then, it matters only if the claimant submits to or acquiesces in the obstruction for one year after notice of it and of the person responsible.

Does section 25 apply everywhere in India?

Not in territories to which 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 such cases.