April 22, 2018


INDIAN EASEMENTS ACT, INDIAN EASEMENTS ACT, (Act No. 5 of Year ) An Act to define and amend the law relating to easements and licences. WHEREAS it is expedient to define and amend the law relating to Easements and Licences. It is hereby enacted as follows: PRELIMINARY 1. Short title. This Act may be called the . The Indian Easements Act, – Free download as PDF File .pdf), Text File .txt) or read online for free. COMPILED BY SRIDHARA BABU N ADVOCATE TUMKUR – KARNATAKA INDIA KSBC: KAR: / PH: NOT FOR SALE- FREE TO VIEW AND DOWNLOAD Page | 1 01 .

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Illustrations a A has an easement to lay pipes in B’s land to convey water to A ‘s cistern.

A may deviate from the way and pass over the adjoining land to B: B’s easement is extinguished. Extinction on permanent alteration of servient heritage by superior force. The suit shall be dismissed, for the right of way has not been enjoyed “as an easement” for twenty years. This is an 18822. B’s land is consequently flooded. A may enter upon B’s land and repair the wall.

indian easements act 1882

Extinction on expiration of limited period or happening of dissolving condition. Under the property lawsEasement plays most important role which enables a jndian owning property to enjoy his property rights without any hurdle.

Accessory licenses annexed by law. A cannot, without the consent of B and C, impose an easement on the land or on indian easements act 1882 part thereof. Licensee’s rights on eviction.

The Indian Easements Act, 1882

Where immovable property passes by operation of law, the persons from and to whom it indian easements act 1882 passes are, for the purpose of this section, to be deemed, respectively, the transferor and transferee. The Act also provides for certain illustrations for easy understanding of readers indian easements act 1882 pleaders.

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. Indian Easements 11882, Act No.

Such easements are called customary easements. An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage.

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Notwithstanding the indian easements act 1882 of section 24, the dominant owner cannot himself abate a wrongful obstruction of an easement. Illustrations a A has, in respect of his mill, a right to the uninterrupted flow thereto, from sunrise to noon, of the water of B’s indian easements act 1882.

An easement may be released as to part only of the servient heritage. But see section 50, infra, as to extinguishment or suspension of easement. An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Transfer of dominant heritage passes easement Where the dominant heritage is transferred or devolves, by act of parties or by operation of law, the transfer or devolution shall, unless a contrary intention appears, be deemed to pass the easement to easdments person in whose favour the transfer or devolution takes place.

Each is entitled, in respect of his part, to a right of way by the same path. Where the access and use of light or air and for any building have been peaceably enjoyed indian easements act 1882, as an easement, without interruption, and for twenty years. Illustration A has an easement to draw water from B’s well. The suit shall be dismissed, for the right of way has not indian easements act 1882 enjoyed “as of right” for twenty indian easements act 1882.

A may feed his cattle on grass growing on the way, provided that B ‘s right of way is not thereby obstructed; but he must not build a wall at the end of his land so as to prevent B from going beyond it, nor must he narrow the way so easemenhs to render the exercise of the right less easy than it was at the date ibdian the grant.

Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution indian easements act 1882 the suit wherein the claim to indian easements act 1882 such period relates is contexted. Each of these continues to have the right to have its windows unobstructed.

Illustration A, in indian easements act 1882 of an easement, diverts to his canal the water of B’s stream. Rights which cannot be acquired by prescription. A continuous easement is one whose enjoyment is, or may be, continual without the act of man.

B afterwards purchases a part of that land over which he can pass to his field. When cause of action arises for removal of support The removal of the means of support to which a dominant owner is entitled does not give rise to a right to recover compensation unless and until substantial damage is actually sustained.

Licence when exsements A licence may be revoked by the grantor, unless- a it is coupled with a transfer of property and such transfer is in force; b the licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in the execution.

Extent of easements With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect: Dominant and servient easemens and owners.

Easement as defined under First Chapter and Section 4 of the Act, is indian easements act 1882 right which the owner or occupier of certain land indian easements act 1882, as such, for 188 beneficial enjoyment of the 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 release is ineffectual. The river changes its course permanently and runs through C’s land. Continuous and discontinuous, apparent and non-apparent easements Easements are either continuous or discontinuous, apparent or non-apparent.

But when A assigns the lease to C, or surrenders it to B, the right of way revives. 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. As accessory thereto, he has a right of way over B’s land to indian easements act 1882 from the well.