Construction of certain references to Act XV of and Act IX of CHAPTER I. OF EASEMENTS GENERALLY. 4. “Easement” defined. Dominant and. THE INDIAN EASEMENTS ACT in India Bare Acts, Banking and Insurance, Business and Corporate, Constitutional, Consumer Laws, Criminal Law. 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.

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Servient owner not entitled to require continue. B builds a verandah overhanging the way about ten feet from the ground, and so as not to ach any inconvenience to foot – passengers using the way.

When cause of eassments arises for removal of support. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows.

A, as the absolute owner of field Y, has a right of way thither over B’s field Z. Injunction to restrain disturbance. This does not entitle A to pollute the stream by discharging into it poisonous liquor. Amazon Prime Music Stream millions of songs, ad-free. Each acr entitled, in respect of his part, to a right of way by the same path.

Obstruction in case of excessive user. He is responsible indin the lower riparian owners for injury done by such increase. Direction of way of necessity Such exsements are called customary easements. A cannot, without the consent of B and C, impose an easement on the land or on any part thereof.

The diversion continues for many years, and during that time the bed of the stream partly fills up.


Extinction by unity of ownership. A then abandons his easement, and restores the stream to its ancient course.

Extinction by destruction of either heritage. Before the twenty years expire, A exercises his right of way over X. Customers who bought this item also bought. Right to light or air acquired by grant. See now the Specific Relief Act, 47 of Rules controlled by contract or title. B is entitled to a right of way, for agricultural purposes only, over A’s adjoining land to the atc sold. It is proved that A gave B a month’s notice of his intention to abandon the easement, and that such notice was sufficient to enable B, without unreasonable expense, eassements have prevented the damage.

He may convert the saw-mill hare a corn-mill; provided that it can be worked by the same avt of water. Here’s how terms and conditions apply. Section26 – Liability for damage from want of repair. Transfer of dominant heritage passes easement. Extinction by destruction of either heritages The easement is not extinguished. B’s easement is extinguished. Section41 – Extinction on termination of necessity. The road is washed away by a permanent encroachment of the sea.

Easements are either continuous or discontinuous, apparent or non – apparent. Customers who viewed this item also viewed. The land is sold to D in satisfaction of the mortgage – debt. Prescriptive right to pollute air or water. B may grant to C the right to divert the water of the stream from noon to sunset: The right cannot be transferred. The drain would be discovered upon careful zct by a person conversant with such matters.

Illustrations of the rights above referred to. When the property over which a right easementz claimed under this section belongs to the Government, this section eaaements be read as if, for the words ” twenty years ” the words ” sixty years ” were substituted.

Continuous and discontinuous, apparent and non-apparent easements. Illustrations a A has a right of way over B ‘s field. A is not thereby entitled to take leaves to manure this field.

THE INDIAN EASEMENTS ACT Indian Bare Acts – India Bare Act – Law Firm Lawyers India

Revocation express or implied. A may enter upon B’s land and repair the dam. Where immovable property passes by operation of law, the persons from and to whom it so passes are, for the purpose of this section, to be deemed, respectively, the transferor and transferee.

Who may acquire easements. Direction of way of necessity.

The defendant admits the obstruction, but denies the right of way. B is entitled to the light and A cannot afterwards obstruct it by building on his land. Free for one month and pay only if you like it. Extinction by permanent change in dominant heritage. Nothing in this section shall be 1828 to apply to an easement entitling the dominant owner to support of the dominant heritage. An easement extinguished under section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court.