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Sec 26, Limitation Act 1963: Exclusion in favour of reversioner of servient tenement

Section 26 (Exclusion in favour of reversioner of servient tenement) under the Part IV (Acquisition of Ownership by Possession) of the Limitation Act 1963

❝Where any land or water 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 in terms 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 period 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 or water.❞




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Notes:

The Limitation Act, 1963 was amended by the:
- the Repealing and Amending Act, 1964 (Act No. 52 of 1964);
- the Limitation (Amendment) Act, 1969 (Act No. 10 of 1969);
- the Repealing and Amending Act, 1974 (Act No. 56 of 1974);
- the Code of Civil Procedure (Amendment) Act, 1976 (Act No. 104 of 1976);
- the Code of Civil Procedure (Amendment) Act, 1999 (Act No. 46 of 1999).

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