17. Rights which cannot he acquired by prescription.
- Basements acquired under section 15 are said to be acquired by prescription, and are called prescriptive rights.None of the following rights can be so acquired :(a)a right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed :(b)a right to the free passage of light or air to an open space of ground;(c)a right to surface water not flowing in a stream and not permanently collected in a pool, tank or otherwise;(d)a right to underground water not passing in a defined channel.
