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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The sewer with which the drain communicates is altered. I’d like to read this book on Kindle Don’t have a Kindle? C unlawfully enters on B ‘s land and obstructs A in his right of way. The easement eaeements impliedly released. Easement for limited time or on condition. A may sue C for compensation, not for the entry, but for the obstruction. B’s easement is extinguished. Then A’s rent falls into arrear and his interest is sold.

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

Continuous and discontinuous,apparent and non apparent,easements 6. Illustration A sells the trees growing on his land to B. The suit shall be dismissed, for the right of way has not been enjoyed “as of right” for twenty years.

A and B are each entitled, in respect of his heritage, to draw from the well fifty buckets a day; but the amount drawn by both must not exceed fifty buckets a day.


Grant may be express or implied. A ‘s easement is extinguished to the extent of the interference. Suit for disturbance of easement. He cannot thereby increase his right to divert water. 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. 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.

This is not an easement.


Illustrations a A transfers Sultanpur to B on condition that he does not marry C. A may impose on X, in favour of B, a right of way terminable with A’s lease. B builds a verandah overhanging the way about ten feet from the ground, and so as not to occasion any inconvenience to foot-passengers using the way.

B imposes an easement on Sultanpur. Illustrations a By ach custom of a certain village every cultivator of village land is entitled, as such, to graze his cattle on the common pasture.


THE INDIAN EASEMENTS ACT Indian Bare Acts – India Bare Act – Law Firm Lawyers India

A cannot, unless with B’s consent, impose an easement thereon which will continue after the determination of his life – interest. B ‘s interest in Sultanpur ends, and with it the easement is extinguished. A suspended easement revives if the cause of suspension is removed before the right is extinguished under section Acf having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot.


This release is effectual only as against A and his legal representative. B is not bound, as servient owner, to clear the watercourse or scour the sewer. A obtains from B a lease of Z for twenty years.

Here’s how terms and conditions apply.

A’ s interest under his lease is transferable; B’ s is not. Here A impliedly grants B a right indiqn the light, and C takes the land subject to the restriction that he may not build so as to obstruct such light.

Extinction of useless easement. Injunction to restrain disturbance. A, with intent to revoke the license, locks a gate across the path.

He is responsible to the lower riparian owners for injury done by such increase.