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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A necessary easement extinguished under the same section revives when the unity of ownership ceases from any other cause.
A is entitled to a right of way, for agricultural purposes only, over B ‘s field to the field retained. The diversion continues for many years, and during that time the bed 11882 the stream partly fills up.
Grantor’s duty to disclose defects. Who may acquire easements. 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. A, when exercising his easement, must cut the grass so that the plants may not be destroyed. A suspended easement revives if the cause of suspension is removed before the right is extinguished under section B is entitled easeent the benefit bard all gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the sale took effect, and A is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Eassment as it was enjoyed when the sale took effect.
Extinction by destruction of either heritage. Illustration A grants B a field inaccessible except by passing over A’s adjoining land. Confinement of exercise of easement. A mortgages his house, and B mortgages his bars to C. Transfer of dominant heritage passes easement. A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot. Compensation for damage caused by extinguishment or essement. B is entitled to a right of way over that land suitable to the business to be carried on by B in the house and grounds.
Servant owner not entitled to require continuance.
The suit shall be dismissed, for the right of way has not been enjoyed “as of right” for twenty years. He must not use the easement for the purpose of passing to and from Z.
A, without the consent of B and C, releases the easement. Section58 – Grantor’s duty not to render property unsafe. The right of way is also extinguished. Sct – Extinction on expiration of limited period or happening of dissolving condition.
Illustrations a By the custom of a certain village every cultivator of village land is entitled, as such, to graze his cattle on the common pasture. Illustration A, as the absolute owner of field Y, has right of way thither over B’s field Z.
The Incidents Of Easements. Extinction by dissolution of right of servant owner.
The Indian Easements Act,
Exercise of easement-confinement of exercise of easement. B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. The way is out of repair, or a tree is blown down and falls across it. It is hereby enacted as follows: Abatement of obstruction of easement. B builds a verandah overhanging the way about ten feet from the ground, and so as not to occasion any inconvenience to foot-passengers using the way.
THE INDIAN EASEMENTS ACT, 1882
Licensee’s rights on revocation. Right to do acts to secure enjoyment. Section16 – Exclusion in favour of reversioner of servient heritage.
This is a discontinuous easement.