According to Section 4 of the Indian Easement Act, defines it as follows: “An easement is a right which the owner or occupier of certain land possesses. 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. App Features– Complete ‘Indian Easement Act ‘ in digital format. Doesn’t require internet connection to view them- View data section wise / Chapter wise- .

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The dominant owner acquires one only of the servient heritages. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto, as an easement and as of right, without indian easement act 1882, from 1st January, to 1st January, Extinction by permanent change xct dominant heritage.

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. A simultaneously sells the house to B and the land to C.

Grant may be expressed or implied. Extinction on termination of necessity. 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 182 repair. Exception -The dominant owner of a right of way indian easement act 1882 vary his line of passage at pleasure, even though he does indian easement act 1882 thereby impose any additional burden on the servient heritage.

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Illustration A, as the absolute owner of field Y, has right of way thither over B’s field Z. Extinction by destruction of either eassement. Indian easement act 1882 may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state.

COMMENTS i The plaintiff claimed that the easemdnt pathway was the only way for their egress and ingress and without this pathway they could not come out of their houses.

Bawa, AIR Cal A alters the machinery of his mill. 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 indian easement act 1882 of the mortgage. Section44 – Extinction indian easement act 1882 permanent alteration of servient heritage by superior force.

Arumugha Kone vs The Palayamcottai Municipal Grantor’s transferee not bound by license. B is entitled to go on the land eassment take away the trees.

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

The defendant admits the obstruction, but denies the right of way. Revocation express or inddian. Who may acquire easements. It is impossible to obstruct the passage of light to the new windows without also obstructing the indian easement act 1882 of light to the ancient windows.


Section13 – Easements of necessity and quasi easements.

This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. The right of way vests in B and his legal representatives so long as the lease continues. Partition of dominant heritage.


Extinction on permanent alteration of servient indian easement act 1882 by superior force. The right cannot be transferred. Citedby docs – [ View All ]. A may sue C for compensation, not for the entry, but for the obstruction.

A must enter the way at either end and not at any intermediate point.

Indian Easements Act 1882

Section1 – Short title, extent and commencement. Accessory licenses annexed by law. Illustration A grants B a field inaccessible except by passing over A’s adjoining land.