Exclusion of enjoyment period for easements delays possession-based acquisition when successor timely resists the claim. Where an easement was enjoyed while the servient land or water was held for a life interest or a term exceeding three years, the time of such enjoyment during that interest or term is excluded when computing the limitation period for acquisition by possession, provided the person entitled on determination resists the claim within the prescribed post-determination interval.
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Provisions expressly mentioned in the judgment/order text.
Exclusion of enjoyment period for easements delays possession-based acquisition when successor timely resists the claim.
Where an easement was enjoyed while the servient land or water was held for a life interest or a term exceeding three years, the time of such enjoyment during that interest or term is excluded when computing the limitation period for acquisition by possession, provided the person entitled on determination resists the claim within the prescribed post-determination interval.
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