An Act to define and amend the Law relating to Easements and Licenses. Preamble. WHEREAS it is expedient to define and amend the law relating to. 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. THE INDIAN EASEMENTS ACT in India Bare Acts, Banking and Insurance, Business and Corporate, Constitutional, Consumer Laws, Criminal Law.
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Where a partition is made of the joint property of several persons,. Illustrations a A grants B a right to walk over A ‘s field whenever he pleases.
THE INDIAN EASEMENTS ACT Indian Bare Acts – India Bare Act – Law Firm Lawyers India
Section24 – Right to do acts to secure enjoyment. B is not bound, as servient owner, to clear the watercourse or scour the sewer.
When the property over which a right is claimed under this section belongs to the 1 [Government], this section shall be read as if, for the words “twenty years” the words 2 [“thirty years”] were substituted. A imposes on his holding an easement to draw water from a tank for the purpose of irrigating B ‘s land. Then A ‘s rent falls into arrear and his interest is sold. A simultaneously sells the house to B and the land to C. A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable.
Citedby docs – [ View All ]. Where an easement can be legally enjoyed only at a certain place, or at certain times, or between certain hours, or for a particular purpose, its enjoyment during the said period at another place, or at other times, or between other hours, or for another purpose, does not prevent its extinction under this section.
A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot. Servant owner not entitled to require continuance.
The right of way is extinguished. An easement may be released as to part only of the servient heritage. Section17 – Rights which cannot be acquired by prescription.
COMMENTS i The plaintiff claimed that the disputed pathway was the only way for their egress and ingress and without this pathway they could not come out of their houses. Davar, 7 Bom LR B is entitled to a right to lateral support from A ‘s building, and A is entitled to a right to lateral support from B ‘s building.
Incidents of customary easements. A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such. Section5 – Continuous and discontinuous, apparent and non-apparent easements.
A non-apparent easement is one that has no such sign. Liability for expenses necessary for preservation of easement. Extinction by destruction of either heritage. Illustrations a A, as owner of a farm Y, has a right of way over B’s land to Y.
The suit shall be dismissed, for the right of way has not been enjoyed “as of right” for twenty years. A is entitled to a right of way, for agricultural purposes only, over B ‘s field to the field retained. Section19 – Transfer of dominant heritage passes easement. Extinction on eazement alteration of servant heritage by superior force.
A’s right of way is not extinguished. A discontinuous easement is one that needs the act of man for its enjoyment.
A ‘s easement is extinguished to the extent of the interference. Free for one month and pay only if you like it.
THE INDIAN EASEMENTS ACT, 1882
Illustrations a A, as the owner of a certain house, has a right of way thither over his neighbour B’s land for purposes easemet with the beneficial enjoyment of the house. Extinction of useless easement. The land is sold to D in satisfaction of the mortgage-debt. These are easemment easements. The drain would be discovered upon careful inspection by a person conversant with such matters. Exclusion in favor of reversioner of servant heritage. A, without the consent of B and C, releases the easement.
Try out our Premium Member services: One of two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of easemeny property. Easmeent may impose an easement on the land to continue during the time that the eaaement exists or for any shorter period.
Section31 – Obstruction in case of excessive user. No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease. A lets or sells the field to C. It is hereby enacted as follows: The right of way vests in B and his legal representatives so long as the lease continues.
Licensee’s rights on eviction. B sues A for compensation for the damage caused by the flooding. Grant may be express or implied. Section26 – Liability for damage from want of repair.