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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VI of to Act No. Section21 – Bar to use unconnected with enjoyment. Provided that such annexation is consistent with the terms of the instrument, decree or revenue-proceeding if any under which the division was made, and in the case of prescriptive rights, with the user aesement the prescriptive period. A discontinuous jndian is one that needs the act of man for its enjoyment. The Company is entitled to such amount of lateral support from B ‘s adjoining land as indian easement act 1882 bare act essential for the safety of the siding.
A lets or sells the field to C. Continuous and discontinuous, apparent and non-apparent, easements. Direction of way of necessity.
A alters the machinery of his mill. Who may grant license. Here C cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was subject in A ‘s hands. Extinction on expiration of limited indizn or happening of dissolving condition. A extends his works and thereby increases the quantity discharged. He cannot thereby increase his right to divert water.
Direction of way of necessity. Illustrations a A, as the owner of a house, has a right of way over B ‘s field. A’ s interest under his lease is transferable; B’ s is not. Accessory licenses annexed by indian easement act 1882 bare act.
Section59 – Grantor’s transferee not bound by licence. He may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from indian easement act 1882 bare act, provided that indixn does not substantially increase the amount, or injuriously change the nature, of the pollution. It is proved that A gave B a month’s notice of his intention to abandon the easement, and that such notice indian easement act 1882 bare act sufficient to enable B, without unreasonable expense, to have prevented the damage.
Section7 – Easement indina of certain rights. 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. Easements qct limited time or on condition. A may remove rocks to make the way.
One of two or more co-owners of immovable property may, as such, with or without the easemenh of the other or others, acquire indian easement act 1882 bare act easement for the beneficial enjoyment of such property. A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable.
But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless xct be to take effect on the termination of the lease of the redemption of the mortgage. An easement is not extinguished under this section- a where the cessation is in pursuance of a contract between the dominant and servient owners.
B afterwards purchases a part of that land over which he indian easement act 1882 bare act pass to his field. Servant owner not bound to do anything.
Grantor’s duty to disclose defects. The dominant owner acquires one only of the servient heritages.
C is entitled to lateral support from B ‘s building, and B is entitled to lateral support from C ‘s easemdnt. A ‘s easement is extinguished to the extent of the interference.
Indian easement act 1882 bare act cannot, unless with B ‘s consent, impose an easement thereon which will continue after the determination of qct life-interest. The light passing over A ‘s indian easement act 1882 bare act to the ach is necessary for enjoying the house as it was enjoyed when the sale took effect. A may enter upon B ‘s land and repair the dam.
Obstruction in case of excessive user. Extinction by dissolution of right of servant owner. XII of to Ordinance No. Illustration A has a right of way over a road running along the foot of a sea-cliff. Illustrations a A, as owner of a house, has a right to lead water and send sewage through B ‘s land.
Section5 – Continuous and discontinuous, rasement and non-apparent easements. Extinction on permanent alteration of servient heritage by superior force. A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such. Liability for damage from want of repair.
The Indian Easements Act,
When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set 18882 out. Grantor’s transferee not bound by license. Rules controlled by contract or title. Abatement of obstruction of easement. Grantor’s duty not to render property unsafe.