Construction of certain references to Act XV of and Act IX of CHAPTER I. OF EASEMENTS GENERALLY. 4. “Easement” defined. Dominant and. THE INDIAN EASEMENTS ACT in India Bare Acts, Banking and Insurance, Business and Corporate, Constitutional, Consumer Laws, Criminal Law. 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.
|Published (Last):||3 December 2015|
|PDF File Size:||2.37 Mb|
|ePub File Size:||20.86 Mb|
|Price:||Free* [*Free Regsitration Required]|
The land is sold to D in satisfaction of the mortgage – debt. Section44 – Extinction on permanent alteration of servient heritage by superior force. This is not an easement.
Rights which cannot be acquired by prescription. A lets the land to B for twenty years. A is not thereby entitled to take leaves to manure this field.
THE INDIAN EASEMENTS ACT, 1882
Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement. The right of way is extinguished.
Exclusion in favour of reversioner of servient heritage. B imposes an easement on Sultanpur. Extinction on permanent alteration of bard heritage by superior force.
Section58 – Grantor’s duty not to render property unsafe. Section1 – Short title, extent aft commencement. A, having a right to the free passage over B’s land of light to four windows six feet by four, increases their size and number. License when deemed revoked. B is not bound, as servient owner, to clear the watercourse or scour the sewer. Acquisition by prescription Exclusion in favor of reversioner of servant heritage. Section16 – Exclusion in favour of reversioner of servient heritage.
Extinction by destruction of either heritage.
Liability for expenses necessary for preservation of easement. The circumstance that, during the said period, no one was in possession of the servient heritage, indiaan 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 he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section.
A buys a field and unites it to his farm. This is not substantial damage to A. A may enter upon B’s land and repair the wall. License when deemed revoked The wall gives way. An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.
The easement is not extinguished.
Compensation for damage caused by extinguishment or suspension. A builds a house in easemehts town near B’s house. Section19 – Transfer of dominant heritage passes easement. Direction of way of necessity. The suit shall be dismissed, for the right of way has not been enjoyed ” as of right ” for twenty years.
THE INDIAN EASEMENTS ACT Indian Bare Acts – India Bare Act – Law Firm Lawyers India
A necessary easement extinguished under the same section revives when the unity of ownership ceases from any other cause. Accessoryl bsre annexed by law This is a continuous easement. Then B marries C.
The field retained was, at the date of the sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to B. Cashback will be credited as Amazon Pay balance within 10 days. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.
Accessory licenses annexed by law. B may grant to C the right to divert the water of the stream from noon to sunset: Illustration A, having a right to the free passage over B ‘s land of light to four windows six feet by four, increases their size and number.
A simultaneously sells the house to B and the land to C.
INDIAN EASEMENTS ACT,
Section59 – Grantor’s transferee not bound by licence. B must not plant trees so as to obstruct the zct to A ‘s windows of that quantity of light. The easement is impliedly released. Transfer of dominant heritage passes casement.