Act Info: Preamble1 – INDIAN EASEMENTS ACT, Section1 – Short title Section3 – Construction of certain references to Act XV of and Act IX 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. Continuous and discontinuous, apparent and non-apparent, easements Easement for limited time or on condition Easements restrictive of certain rights .

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A is entitled to the light, indian easements act 1882 B cannot build eaesments the land so as to obstruct such light. Liability for expenses necessary for preservation of easements. Extinction by dissolution of right of servant owner. The right of way over A’s land which Indian easements act 1882 had acquired is extinguished. Indian Easements Act, A mortgages his house, and B mortgages his field to C.

Confinement of exercise of easement. 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.

Abatement of obstruction of easement. Injunction sct restrain disturbance. Exception -The dominant owner of a right indian easements act 1882 way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage.


Section43 – Extinction by permanent change in indian easements act 1882 heritage. B has no access to them other than by crossing A ‘s land.

The light passing over the land is necessary for enjoying the house as it was enjoyed when the indian easements act 1882 took effect. The right of way is also extinguished. But see section 50, infra, as to extinguishment or suspension of easement.

B ‘s interest in Sultanpur ends, and with it the easement is extinguished. The dam is half swept away by an inundation. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. The plaintiff is entitled to judgment. B is entitled to a right of way over that land suitable to the business to be carried on by B in the house and grounds.

The right cannot be transferred. COMMENTS i The plaintiff claimed that the disputed pathway indian easements act 1882 the only way for their egress and ingress and without this pathway they could not come out of their houses. Incidents of customary easements.

Accessory licenses annexed by law. Section17 – Rights which cannot be acquired by prescription.

Easements of necessity and quasi easements. Illustration A has a right of way over a road running along the foot of a sea-cliff. A thereupon acquires an easement that B shall not open new windows in his house so indian easements act 1882 to command a view of the portions of A ‘s house which are ordinarily excluded from observation, and B acquires a like easement with respect to A ‘s house.

One of two or more co-owners of immovable property may, as such, with or without the consent aact the other or others, acquire an easement for the beneficial enjoyment of such property.


Illustration A, as the absolute owner of field Y, has right of way thither over B’s field Indian easements act 1882. This is an easement.

The Company is entitled to such amount of lateral support from B ‘s adjoining land as is essential for the safety of the siding. A imposes on his holding an easement to draw water from a tank for the purpose of irrigating B ‘s land.

Indian Easements Act 1882

A non-apparent easement is one that has no such sign. Section22 – Exercise of easement.

Grant may be expressed or implied. B is not bound, as servient owner, to clear the watercourse or scour the sewer. The land is sold to D in satisfaction of the mortgage-debt.

The dominant owner acquires one only of the servient heritages. Illustrations a A, as owner of a house, has a right to lead water and send indian easements act 1882 through B ‘s land. Partition of dominant heritage. It is hereby enacted as follows: Servant owner not bound to do anything. Illustrations a A has an easement to lay indian easements act 1882 in B’s land to convey water to A ‘s cistern. Easwments cause of action arises for removal of support.

The Disturbance Of Easements.

The Indian Easements Act,

Then B marries C. B renders the way impassable.

A lets the land to B for twenty years.