Section3 – Construction of certain references to Act XV of and Act IX of . Chapter 1. Section4 – “Easement defined”. Section5 – Continuous and. THE INDIAN EASEMENTS ACT, INTRODUCTION. Prior to the passing of special legislations relating to easements, the development of the law 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.
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The right cannot be transferred.
The Indian Easements Act,
Extinction of accessory rights. Indian Easements Act, Afterwards A sells the land to C.
IV of to Act Indian easement act 1882 bare act. Illustration A, having a right to the free passage over B ‘s land of light to four windows six feet by four, increases their xct and number.
He thereby acquires an easement to graze his cattle in accordance with the custom. A cannot, without the consent of B and C, impose an easement on the land or on any part thereof. Section50 – Servient owner not entitled to require continuance. IV of to E. Illustrations a A has in respect of his mill, a right to the uninterrupted flow thereto, from sunrise to noon, of the water of B ‘s stream.
The drain would be discovered upon careful inspection by a person conversant with such matters. Illustrations a A transfers Sultanpur to B on condition that he does not marry C. B may grant to C the right to divert the water of the stream from noon to sunset: Bar to use unconnected with enjoyment.
Extinction by unity of ownership. An apparent easement is one the existence of which indian easement act 1882 bare act shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A extends his works and thereby increases the quantity discharged. A non-apparent easement is one that has no such sign. This is a continuous easement.
Extinction on termination of necessity.
This does not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B ‘s land. Then B marries C. Dominant and servient heritages and owners.
Illustration A sells the avt growing on his land to B. Section44 – Extinction on permanent alteration indian easement act 1882 bare act servient heritage by superior force.
The release is ineffectual. License when deemed revoked.
Right to alter mode of enjoyment. A lets or sells the field to C. II of to Act No. A obtains from B a lease of Z for twenty years.
Indian Easements Act Complete Act – Citation – Bare Act | LegalCrystal
Direction of way of necessity. Illustrations a A, as the owner of a certain house, has a right of way thither over his neighbour B’s land for purposes indian easement act 1882 bare act with the beneficial enjoyment of the house. B ‘s interest in Sultanpur ends, and with it the easement is extinguished. Licensee’s rights on revocation. Obstruction in case of excessive user. Right to alter mode of enjoyment.
See now the Specific Relief Act, 47 of Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.
The license is revoked. Direction of way of necessity.