Act No. 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. Commencement: It shall come into force on the first day of July, Saving Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from- a any right of the government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation; b any customary or other right not being a licence in or over immovable property which the government, the public or any person may possess irrespective of other immovable property; or c any right acquired, or arising out of a relation created, before this Act comes into force.
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Free for one month and pay only if you like it. Local extent. IX of , shall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act. Dominant and servient heritages and owners. This is an easement. These are easements. This right is not an easement. This is not an easement. A continuous easement is one whose enjoyment is, or may be, continual without the act of man.
A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. This is a continuous easement. This is a discontinuous easement.
The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements. This is a non-apparent easement. Easements for limited time or on condition.
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. A may impose an easement on the land to continue during the time that the lease exists or for any shorter period.
A cannot, without the consent of B and C, impose an easement on the land or on any part thereof. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.
Lessor and mortgagor. 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 effect on the termination of the lease of the redemption of the mortgage. Who may acquire easements. 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. No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease.
Where a partition is made of the joint property of several persons,- e if an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entitled to such easement, or f if such an easement is apparent and continuous and necessary for enjoying the share of the latter as it was enjoyed when the partition took effect, he shall, unless a different intention is expressed or necessarily implied, be entitled to such easement.
The easements mentioned in this section, clauses a , c and e , are called easements of necessity. 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.
Illustrations a A sells B a field then used for agricultural purposes only. The field retained was, at the date of the sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to B.
B is entitled to the light, and A cannot afterwards obstruct it by building on his land. Afterwards A sells the land to C. The house has windows over-looking the land. A simultaneously sells the house to B and the land to C. The light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. 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.
A, retaining the house, sells the land to B, without expressly reserving any easement. A is entitled to the light, and B cannot build on the land so as to obstruct such light. 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 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.
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.
Direction of way of necessity. When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out. 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. Explanation I. Explanation II.
Explanation III. Explanation IV. When the property over which a right is claimed under this section belongs to the 1 [Government], this section shall be read as if, for the words "twenty years" the words 2 ["thirty years"] were substituted.
Illustrations a A suit is brought in for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. 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, The plaintiff is entitled to judgment.
The defendant proves that for a year of that time the plaintiff was entitled to possession of the servient heritage as lessee thereof and enjoyed the right as such lessee. The suit shall be dismissed, for the right of way has not been enjoyed "as an easement" for twenty years. The defendant proves that the plaintiff on one occasion during the twenty years had admitted that the user was not of right and asked his leave to enjoy the right.
The suit shall be dismissed, for the right of way has not been enjoyed "as of right" for twenty years. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years. Rights which cannot be acquired by prescription.
None of the following rights can be so acquired:- a a right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed; b a right to the free passage of light or air to an open space of ground; c a right to surface-water not flowing in a stream and not permanently collected in a pool, tank or otherwise; d a right to underground water not passing in a defined channel.
Such easements are called customary easements. 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. A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot.
He thereby acquires an easement to graze his cattle in accordance with the custom. Transfer of dominant heritage passes easement. Illustration A has certain land to which a right of way is annexed.
A lets the land to B for twenty years. The right of way vests in B and his legal representatives so long as the lease continues. Rules controlled by contract or title. Incidents of customary easements. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z.
For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers; for this is a purpose, connected with the enjoyment of the dominant heritage.
So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair. Confinement of exercise of easement. A must enter the way at either end and not at any intermediate point. A, when exercising his easement, must cut the grass so that the plants may not be destroyed. Exception -The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage.
Illustrations a A, the owner of a saw-mill, has a right to a flow of water sufficient to work the mill. He may convert the saw-mill into a corn-mill; provided that it can be worked by the same amount of water. He may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from bamboos, provided that he does not substantially increase the amount, or injuriously change the nature, of the pollution.
This does not entitle A to pollute the stream by discharging into it poisonous liquor. Accessory rights. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. The sewer with which the drain communicates is altered. The way is out of repair, or a tree is blown down and falls across it.
B renders the way impassable. A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable. A may remove rocks to make the way.
The wall gives way. The dam is half swept away by an inundation. Liability for expenses necessary for preservation of easements. Liability for damage from want of repair. B is not bound, as servient owner, to clear the watercourse or scour the sewer.
B is not bound, as servient owner to keep the wall standing and in repair. But he must not pull down or weaken the wall so as to make it incapable of rendering the necessary support.
B must not drive stakes so as to obstruct the watercourse.
Indian Easements Act, 1882
Essentials of Easements 1. Dominant and Servient Heritage For the enjoyment of right of easement, necessary existence of two properties i. Dominant and servient heritage cannot be one. Thus, the existence of two properties and that to be separate from each other is essential.
An Overview: Law of Easements in India
Local extent. IX of , shall, in the territories to which this Act extends, be read as made to Sections 15 and 16 of this Act. Dominant and servient heritages and owners. This is an easement. These are easements. This right is not an easement. This is not easement.
Free for one month and pay only if you like it. Local extent. IX of , shall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act. Dominant and servient heritages and owners. This is an easement. These are easements.