Indian easement act

THE INDIAN EASEMENTS ACT, 1882

A may enter upon B 's land and alter the drain, to adapt it to the new sewer, provided that he does not thereby impose any additional burden on B' s land.

These are apparent easements.

The Indian Easements Act, 1882

The judiciary dealt with easementary rights of many kinds while dealing with controversies relating thereto. B renders the way impassable. Even certain provisions under this chapter contain liabilities for expenses as to preservation of easement and as to damage for want of repair while enjoying easementary right.

The suit shall be dismissed, for the right of way has not been enjoyed "as an easement" for twenty years. Illustrations of the Rights above referred to a The exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the time being in force.

Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and if the dominant heritage is diminished by diluvion, the easement is proportionately diminished.

A buys a field and unites it to his farm. 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.

Easements for limited time or on condition. B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. B is entitled to the benefit of all the 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 Z as it was enjoyed when the sale took effect.

He must not use the easement for the purpose of passing to and from Z. This is a discontinuous easement. But see section 50, infra, as to extinguishment or suspension of easement.

Right to alter mode of enjoyment,- Subject to the provisions of section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage.

An easement is not extinguished under this section- a where the cessation is in pursuance of a contract between the dominant and servient owners; b where the dominant heritage is held in co-ownership, and one of the co-owners enjoys the easement within the said period; or c where the easement is a necessary easement.

For example, X sells his land to Y and by the same deed he may grant a right of way to Y for the land through another land of his. B enjoys the easement for twenty years.Therefore, if it will amount to an easement of necessity under section 13 of the Easement Act, then it is to be extinguished under section 41 of the Act by this court; Nepal Chandra Saha v.

An easement is a right to use another''s property. It is a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is the right over a property belonging to someone else and not to the person claiming easement. 73 rows · Full text containing the act, Indian Encasements Act,with all the sections.

The Indian Easements Act, (Act No. V of ) was enacted in the year and came into force on the 1st July, also it extents to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg.

Short title - This Act may be called the Indian Easements Act, Local extent: It extends to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg.

The Indian Easements Act, 1882

The Indian Easements Act, (Act No. V of ) was enacted in the year and came into force on the 1st July, also it extents to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg.

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Indian easement act
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