Section3 – Construction of certain references to Act XV of and Act IX of . Chapter 1. Section4 – “Easement defined”. Section5 – Continuous and. THE INDIAN EASEMENTS ACT, INTRODUCTION. Prior to the passing of special legislations relating to easements, the development of the law of. 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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XXV of Act No.
A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable. Illustration A, in exercise of indian easement act 1882 bare act easement, diverts to his canal the water of B’s stream.
Illustration A sells the trees growing on his land to B. List Judgments citing this Act. Extinction of accessory rights. The easement is not 18822 extinguished. It is proved that A gave B a month’s notice of his intention to abandon the easement, and that such notice was indian easement act 1882 bare act to enable B, without unreasonable expense, to have prevented the damage. Where a partition is made of the joint property of several persons,. B cannot obstruct the excessive user. This does not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B ‘s land.
Who may grant license.
The Indian Easements Act,
Save as aforesaid, no easement is effected by any change in the extent of the dominant or the servient heritage. Aft – Easement restrictive of certain rights. Extinction on expiration of limited period or happening of dissolving condition. Licensee’s rights on eviction. Injunction to restrain disturbance. The circumstance that, during the said period, no one was in possession of the servient heritage, or that the indian easement act 1882 bare act could not be enjoyed, or that a right accessory thereto was enjoyed, or that the dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section.
Section27 – Servient owner not bound to do anything. This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. Servant owner not bound to do avt. A’s right of way indian easement act 1882 bare act not extinguished. Right to alter mode of enjoyment. A must enter the way at either end and not at any intermediate point. B renders the way impassable.
A, when exercising his indian easement act 1882 bare act, must cut the grass so that the plants may not be destroyed. Extinction of useless easement. The river changes its course permanently and runs through C’s land. Servient owner not entitled to require continuance. Section40 – Extinction on expiration of limited period or happening of dissolving condition. Illustration A has certain land to which a right of way is annexed.
The Company is entitled to such amount of lateral support from B ‘s adjoining land as is essential for the safety of the siding. See now the Specific Relief Act, 47 of Transfer of dominant heritage passes bafe.
It is indjan enacted as follows: 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. The easement is not extinguished.