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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Section58 – Grantor’s duty not to render property unsafe.
INDIAN EASEMENTS ACT,
Incidents of customary easements. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption, from 1st January,to 1st January, I’d like to read this book on Kindle Don’t have a Kindle? One of two or more co – owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property.
Illustrations a A, the owner of a field, grants a license to B, to use a path across it. 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.
Section21 – Bar to use unconnected with enjoyment. This right is not an easement. The plaintiff is entitled to eqsements. The license is revoked. 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.
One of two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property. 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.
Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. Licensee’s rights on revocation. Short title Local extent Commencement 2. B is entitled to a right of lndian over that land suitable to the business to be carried on by B in the house and bwre.
A may feed his cattle on grass growing on the way, provided that B’s right of way is not thereby obstructed; but he imdian not build a wall at the end of his land so as to prevent B from going beyond it, nor must he narrow the way so, as to render the exercise of the right less easy than it was at the date of the grant.
A has certain land to which a right of way is annexed.
THE INDIAN EASEMENTS ACT, 1882
B imposes an easement on Sultanpur. It is inaccessible except by passing over A ‘s adjoining land or by trespassing on the land of a stranger.
The right of way is extinguished. A is entitled to a right of way, for agricultural purposes only, over B ‘s field to the field retained. A lets the land to B for twenty years. Acquisition by prescription A’s interest under his lease is esements B’s is not.
Who may acquire casements Arumugha Kone vs The Palayamcottai Municipal 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. Illustrations a A is tenant of B ‘s land under a lease for an unexpired term of twenty years, and has power to transfer his interest indiab the lease.
A cannot, unless with B ‘s consent, impose an easement thereon which will continue after the determination of his life-interest. Here A impliedly grants B a right to the light, and C takes the land subject to the restriction that he may not build so as to obstruct such right.
Provided that he does not thereby cause material injury to other like owners. The dam is half swept away by an inundation.
In the absence of express provision to the contrary B’s servants may enter on the land for the purpose of erecting sheds, erect the same, deposit grain therein and remove grain therefrom. 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, easemeents if the dominant heritage is diminished by diluvion, the easement is proportionately diminished.
The easement is not thereby extinguished.