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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Accessory licenses annexed by law. C unlawfully enters on B ‘s land and obstructs A in his right of way.
Illustrations a A grants B a right to walk over A ‘s field whenever he pleases. Here A impliedly grants B a right to the light, and C takes the land wct to the restriction that he may not build so as to obstruct such right. Exclusion in favor of reversioner of servant heritage.
Indian Encasements Act, | Bare Acts | Law Library | AdvocateKhoj
Illustrations a A right annexed to B’ s house to receive light by the windows without obstruction by his neighbour A. Section5 – Continuous and discontinuous, apparent and non-apparent easements. Then B marries C. Illustrations a A, as the owner of a certain house, has a right of way thither over his neighbour B’s land for purposes connected with the beneficial enjoyment of the house.
Licensee’s rights on eviction. None of the following rights can be so acquired: Direction of way of necessity. Illustrations a A, the owner of a field, grants a license to B, to use a path across it.
Section50 – Servient owner not entitled to require continuance.
Extinction on expiration of limited period or happening of dissolving condition. Section25 – Liability for expenses necessary for preservation of easements. A cannot, unless with B ‘s consent, impose an easement thereon which india continue after the determination of his life-interest. Exception -The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage.
Licensee’s rights on eviction. A, with intent to revoke the license, locks a gate across the path. A is not thereby entitled to take leaves to manure this field. The suit shall be dismissed, for the right of way has not aact enjoyed “as an easement” bars twenty years. The right of way vests in B and his legal representatives so long as the lease continues. Illustrations a A has an easement to lay pipes in B’s land to convey water to A ‘s cistern.
For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers; for this is a purpose, connected with the enjoyment of the dominant heritage.
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 such property. Grantor’s duty not to render property unsafe. Try out our Premium Member services: 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.
Section20 – Rules controlled by contract or title. B is entitled to such amount of lateral and subjacent support from A ‘s land as is necessary for the safety of the house.
IX ofshall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act. It is inaccessible except by passing over A ‘s adjoining land or by trespassing on the land of a stranger.
THE INDIAN EASEMENTS ACT, 1882
Grantor’s duty to disclose defects. The easement is not thereby extinguished. Extinction of useless easement. Extinction on termination of necessity. 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.
I, for section 3. Suit for disturbance of easement. Illustration A has an easement to draw water from B’s well.
THE INDIAN EASEMENTS ACT Indian Bare Acts – India Bare Act – Law Firm Lawyers India
Liability for damage from want of repair. But when A assigns the lease to C, or surrenders it to B, the right of way revives. B renders the way impassable.