Indian Easements Act, Act No. Short title. Chapter I.
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Indian Easements Act, Act No. Short title. Chapter I. Easements Generally. Continuous and discontinuous, apparent and non-apparent easements. Easement for limited time or on condition. Easements restrictive of certain rights. Chapter II. Who may impose easements. Servant owners. Lessor and mortgagor. Who may acquire easements. Easements of necessity and quasi easements. Direction of way of necessity. Acquisition by prescription. Exclusion in favor of reversioner of servant heritage.
Rights which cannot be acquired by prescription. Customary easements. Transfer of dominant heritage passes easement. Chapter III. The Incidents Of Easements. Rules controlled by contract or title. Bar to use unconnected with enjoyment. Exercise of easement-confinement of exercise of easement.
Right to alter mode of enjoyment. Right to do acts to secure enjoyment. Liability for expenses necessary for preservation of easement. Liability for damage from want of repair. Servant owner not bound to do anything. Extent of easements.
Increase of easement. Partition of dominant heritage. Obstruction in case of excessive user. Chapter IV. The Disturbance Of Easements. Right to enjoyment with out disturbance.
Suit for disturbance of easement. When cause of action arises for removal of support. Injunction to restrain disturbance. Abatement of obstruction of easement. Chapter V. Extinction by dissolution of right of servant owner. Extinction by release. Extinction by revocation.
Extinction on expiration of limited period or happening of dissolving condition. Extinction on termination of necessity.
Extinction of useless easement. Extinction by permanent change in dominant heritage. Extinction on permanent alteration of servant heritage by superior force. Extinction by destruction of either heritage. Extinction by unity of ownership. Extinction by non-enjoyment. Extinction of accessory rights. Suspension of easement. Servant owner not entitled to require continuance.
Revival of easements. Chapter VI. Who may grant license. Grant may be express or implied. Accessory licenses annexed by law. License when transferable.
Grantor's duty to disclose defects. Grantor's duty not to render property unsafe. Grantor's transferee not bound by license. License when revocable. Revocation express or implied. License when deemed revoked. Licensee's rights on revocation. Licensee's rights on eviction. Licensee's rights on eviction An Act to define and amend the law relating to easements and licenses. It is hereby enacted as follows: -. Follow SCJudgments. Login : Advocate Client.
Indian Easements Act, Act No.
The Fact Factor
By default a property owners attains the right of way, the right to air or right to light, the right to build, the right to the uninterrupted flow of water. Ravish Menon built an independent house in the s on a 1, square foot sqft of plot. In , Kapil Singh and family moved to the adjacent plot and built a bigger house. Consequently, the construction blocked the light and air. Is there a legal remedy that Menon could turn to? At a time when going vertical is the norm, such issues are common and this is exactly where the easement right comes into the picture. This is an easement.
The Indian Easements Act, 1882
This web site is designed for general information only. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online. Search Chronologically : -- Select Year-- Search Bare Acts:. Section "License" defined. Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grant or, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
THE INDIAN EASEMENTS ACT, 1882