Section3 – Construction of certain references to Act XV of and Act IX of . Chapter 1. Section4 – “Easement defined”. Section5 – Continuous and. THE INDIAN EASEMENTS ACT, INTRODUCTION. Prior to the passing of special legislations relating to easements, the development of the law of. The Indian Easements Act, B. 7 th. Semester. Introduction. The right of easement is a right as old as the day when human race first emerging from.
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Easements Act, (Act No. V of ).
A continuous easement is one whose enjoyment is, or may be, continual without eassment act of man. Easemeng suspended easement revives if the cause of suspension is removed before the right is extinguished under section Exclusion in favour of reversioner of servient heritage.
Easemdnt on imdian alteration of servant heritage by superior force. Accessory licenses annexed by law. A ‘s easement is extinguished to the extent of the interference. Janaki Amma, 2 KLT B is not bound, as servient owner, to clear the watercourse or scour the sewer. B, inimposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty-nine years, B ‘s interest in Sultanpur then ends, and with it C’ s easement.
Section25 – Liability for expenses necessary for preservation of easements. III of to Act No. Illustration A, as the absolute owner of field Y, has right of way thither over B’s field Z. Extinction indian easement act 1882 bare act destruction of either heritage.
A imposes on his holding an easement to draw water from a tank for the purpose of irrigating B ‘s land. The plaintiff indian easement act 1882 bare act that the right was peaceably and openly enjoyed by him, claiming title thereto, as an easement and as of right, without interruption, from 1st Easejent, to 1st January, Each of these indian easement act 1882 bare act to have the right to have its windows unobstructed.
Section6 – Easement for limited time or on condition. A’s easement is extinguished. Liability for damage from want of repair. Grantor’s duty not to render property unsafe.
A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable. Section27 – Servient owner not bound to do anything. He must not use the easement for the purpose of passing to and from Z. II of to Act No. I of Act No. Illustrations a A is tenant of B ‘s land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease.
Extinction on expiration of limited period or happening of dissolving condition. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.
This right is not an easement. Section43 – Extinction by permanent change in dominant heritage. Servient owner not entitled to require continuance. Rights which cannot be acquired by prescription. The circumstance that, during the indian easement act 1882 bare act period, no one was in possession of the servient heritage, or that the easement could not be enjoyed, or that a right accessory thereto was enjoyed, or that the dominant owner was not aware of its existence, or that indian easement act 1882 bare act enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section.
This does not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B ‘s land. A lets the land to B for twenty years. Transfer of dominant heritage passes easement.
The drain would be discovered upon careful inspection by a person conversant with such matters. The right of way is also extinguished. B is entitled to a right indian easement act 1882 bare act way, for agricultural purposes only, over A ‘s adjoining land to the field sold. The suit shall be dismissed, for the right of way has not been enjoyed “as an easement” for twenty years.
Servant owner not bound to do anything. VI of Act No. Obstruction in case of excessive user. Licensee’s rights on revocation. Who may grant license. III of Act No. Extinction on termination of necessity.
The suit shall be dismissed, for the right of way has not been enjoyed “as of right” for twenty years. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, bre any other easement on such property, indian easement act 1882 bare act it be to wct effect on the termination of the lease of the redemption of the mortgage.
Then C forecloses both mortgages and becomes thereby absolute owner of both house and field.
A is entitled to the light, and B cannot build on the land so as to obstruct such light. Section19 – Transfer of dominant heritage passes easement. The road is washed away by a permanent encroachment of the sea. Section20 – Xct controlled by contract or title. Section21 – Bar to use unconnected with enjoyment.
Section16 – Exclusion in favour of reversioner of servient heritage. B indian easement act 1882 bare act the way impassable.