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.

Author: Jut Fenrishura
Country: Czech Republic
Language: English (Spanish)
Genre: Career
Published (Last): 9 August 2007
Pages: 119
PDF File Size: 15.51 Mb
ePub File Size: 4.31 Mb
ISBN: 943-5-54452-795-6
Downloads: 28543
Price: Free* [*Free Regsitration Required]
Uploader: Mikagrel


Section44 – Extinction on permanent alteration of servient heritage by superior force. B is not bound, as servient owner, to clear the watercourse or scour the aact.

The plaintiff is entitled to judgment. An easement extinguished under section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court. Section19 – Transfer of dominant heritage passes easement.

Indian Encasements Act, | Bare Acts | Law Library | AdvocateKhoj

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. Easements for limited time or on condition.


Section37 – Extinction by dissolution of right of servient owner. A has an easement to draw water from B’s well. A, retaining the house, sells the land to B, without expressly reserving any easement.

B, inimposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty – nine years. Continuous and discontinuous, apparent and non-apparent easements. In this case, no specific finding by lower courts as to whether easement of necessity was specifically established.

A mortgages his house, and B mortgages his field to C. The suit must be dismissed.

A, with intent to revoke the license, locks a gate across the path. Audible Download Audio Books. The right cannot be transferred.


B then purports to release the easement. Get to Know Us. This does not entitle A to pollute the stream by discharging into it poisonous liquor. Provided that A’s right of way is not thereby obstructed.

A’ s interest under his lease is transferable; B’ s is not. B’s interest in Sultanpur ends, and with it the easement is extinguished. A lets the land to B for twenty years. 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 light.


Then A ‘s rent falls into arrear and his interest is sold. The road is washed away by a permanent encroachment of the sea. Each of these continues to have the right to have its windows unobstructed.

B imposes an easement on Sultanpur.

Try out our Premium Member services: A’s right is extinguished. Illustrations a A suit is brought in for obstructing a right of way. Grant may be express or implied Section16 – Exclusion in favour of reversioner of servient heritage. Grantor’s transferee not bound by license. Servient owner not bound do anything.

License when deemed revoked. Illustrations a A, the owner of a saw-mill, has a right to ondian flow of water sufficient to work the mill. Write a product review.

Author: admin