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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Citedby docs – [ View All ]. Arumugha Kone vs The Palayamcottai Municipal Sri Rajah Vyricherla Narayana Try out our Premium Member services: Free for one month and pay only if you like it. IX ofshall, 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. 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 beneficial enjoyment of the house.
This is an easement. 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. Illustrations a A right annexed to B’ s house to receive light by the windows without obstruction by his neighbour A. 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 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 under the lease. A may impose an easement on the land to continue during the time that the lease exists or for any shorter period.
A cannot, unless with B ‘s consent, impose an easement thereon which will continue after the determination of his life-interest. A cannot, without the consent of B and C, impose an easement on the land or on any part thereof.
A’ s interest under his lease is transferable; B’ s is not. A may impose on X, in favour of B, a right of way terminable with A ‘s lease.
But he cannot, without the consent of the dominant owner, impose an easement easwments the servient heritage which would lessen such utility. Illustrations a A has in respect of his mill, a right to the wct flow thereto, from sunrise to noon, of the water of B ‘s stream. B may grant to C the right to divert the water of the stream from noon to sunset: B may grant to C, as the owner of a neighbouring farm, the right to feed his cattle on the grass growing on the way: 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 brae 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,. Where immovable property easenents 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. It is inaccessible except by passing over A ‘s adjoining land or by trespassing on the land of a stranger.
B is entitled to a right of way, for agricultural purposes only, over A ‘s adjoining land to the field sold. The field retained was, at the date of easemetns sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to B.
A is entitled to a right of way, for agricultural purposes only, over B ‘s field to the field retained. The light which passes over A ‘s land to the windows is necessary esements enjoying the house as it was enjoyed when the sale took effect. B is entitled barw the light, and A cannot afterwards obstruct it by building on his land. The light passing over A barr land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect.
Afterwards A sells the land to C. Here C cannot obstruct the light by building on the land, for he takes idnian subject to the burdens to which it was subject in A ‘s hands. The easemenys 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.
THE INDIAN EASEMENTS ACT Indian Bare Acts – India Bare Act – Law Firm Lawyers India
eadements 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 to lateral support from A ‘s building, and A is entitled to a right to lateral support from B ‘s building. C is entitled to lateral support from B ‘s building, and B is entitled to lateral support from C ‘s building. B is entitled to such amount of lateral and subjacent support from A ‘s land as is necessary for the safety of the house.
The Company is entitled to such amount of lateral support from B ‘s adjoining land as is essential for the safety of the siding. B has no access to them other than by crossing A ‘s land. B is entitled to a right of way over that land suitable to the business to be adt 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 brae 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. 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 rasements 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.
Illustration A sues for a declaration that he is entitled to a right of way over B ‘s land, A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C had a life-interest in the land; that on C’s death B became entitled to the land; and that within two years after C ‘s death he contested A ‘s claim to the right.
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: 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.
THE INDIAN EASEMENTS ACT, 1882
A builds a house in the town near B ‘s house. A thereupon acquires an easement that B shall not open new windows in his house so as to command a view of the portions of A ‘s house which are ordinarily excluded from observation, and B acquires a like easement easemengs respect to A ‘s house.
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 easrments. 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. Illustrations a A, as owner of a farm Y, has a right of way over B’s land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the ac 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. Illustrations a A has a right of way over B ‘s field. A must enter baare 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.