Section 16:
Exclusion in favour of reversioner of servient 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 of 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 C's death B became entitled to the land; and that within two years after C's death he
contested As claim to the right. The suit must he dismissed, as A, with reference to the provisions of
this section, has only proved enjoyment for fifteen years.