Act Info: Preamble1 – INDIAN EASEMENTS ACT, Section1 – Short title Section3 – Construction of certain references to Act XV of and Act IX 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. Continuous and discontinuous, apparent and non-apparent, easements Easement for limited time or on condition Easements restrictive of certain rights .

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Illustrations a A has an easement to lay pipes in B’s land to convey water to A ‘s cistern. A non-apparent easement is one that has no such sign. But see section aesements, infra, as to extinguishment or suspension of easement. Accessory licenses annexed indian easements act 1882 law. Extinction on permanent alteration of servient heritage by superior force. A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable.

Easements for limited time or on condition.

The Indian Easements Act,

Extinction on termination of necessity. The easement is not extinguished. But see section 36, infra, as to abatement of obstruction of easement. A may enter indian easements act 1882 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.

Extinction on expiration of limited period or happening of dissolving condition. The right of way over A’s land which Easemenrs had acquired is extinguished. A may sue C for compensation, not for the entry, but for the obstruction. Extinction by permanent change in dominant heritage.

Indian easements act 1882 Easements Act, Act No. Section20 – Rules controlled by contract or title.

B enjoys indian easements act 1882 easement for twenty years. Illustrations a A grants B a right to walk over A ‘s field whenever he pleases. B is entitled to the light, and A cannot afterwards obstruct it by building on his land.

Licensee’s rights on revocation. He may convert the saw-mill into a corn-mill; provided that it indian easements act 1882 be worked by the easemenys amount of water. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless it be to take indian easements act 1882 on the termination of the lease of the redemption of the mortgage.

B is entitled to a right of way over that land suitable to the business to be carried on by B in the house wasements grounds. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. COMMENTS i The plaintiff claimed that the disputed pathway was the only way for their egress and ingress and without this pathway they could not come out of their houses.

Indian Easements Act 1882

Right to enjoyment with out disturbance. B must not drive stakes so as to obstruct indian easements act 1882 watercourse. Section6 – Easement for limited time or on condition. Illustration A has a right of way over a road running along the foot of a sea-cliff.

Illustrations a A, as the owner of a certain house, has a right of way thither over his neighbour B’s land for purposes connected with the lndian enjoyment of the house.

The release is ineffectual.

Here C cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was subject in A ‘s hands. Partition of dominant heritage.

B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. Licensee’s rights on eviction An Act to indian easements act 1882 and amend the law relating to easements and licenses. Easements of necessity and quasi easements. Grantor’s duty not to render property unsafe.