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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Grant may be expressed or implied. A lets or sells the field to C.
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A obtains from B a lease of Z for twenty years. The license is revoked. Dominant and servient heritages and owners. Licensee’s rights on revocation. Licensee’s rights on eviction.
A may enter on B ‘s land and repair the way or remove the tree from it. Extinction by permanent change in dominant heritage. Right to alter mode of enjoyment.
Extinction of accessory right. The light which passes over A ‘s land to the windows is necessary for enjoying the house as indian easement act 1882 was enjoyed when the sale took effect. The dominant owner indoan one only of the servient heritages.
Indian Easements Act 1882
The easement to draw water is extinguished under section But a lessor jndian 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 redemption of the mortgage. It is hereby enacted as follows: Grantor’s transferee not bound by license. Illustrations a A, the owner of a field, grants a license to B, to use a path across indian easement act 1882.
B’s easement is extinguished.
Section31 – Obstruction in case of excessive user. The easement is not thereby extinguished.
Save as aforesaid, no easement is effected ibdian any change in the extent of the dominant or the servient heritage. A’s easement is extinguished. Who may acquire easements.
Section40 – Extinction on expiration of limited period or happening of dissolving condition. Afterwards A sells indian easement act 1882 land to C.
Indian Easements Act Complete Act – Citation – Bare Act | LegalCrystal
Extinction on expiration of limited period or happening of dissolving condition. Nothing in this section shall be deemed to apply to an easement indian easement act 1882 the dominant owner to support of the dominant heritage. A, with intent to revoke the license, locks a gate across the path.
Easement for limited time or on condition.
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. Extinction by destruction of either heritage.
Extinction on indian easement act 1882 of limited period or happening of dissolving condition.
B ‘s easement jndian extinguished. Section16 – Exclusion in favour of reversioner of servient heritage. Section44 – Extinction on permanent alteration of servient heritage by superior force.
Extinction by dissolution of right of servant owner. Accessory licenses annexed by law. Provided that if, in the case of a discontinuous easement, the dominant owner, within such period, registers, under the Indian Registration Actt, 3 of 8a declaration of his intention to retain such easement, it shall not be extinguished until a period of twenty years has elapsed from the date of the registration.
An easement extinguished under section 46 revives when the grant or bequest by which indian easement act 1882 unity of ownership was produced is set aside by the decree of a indian easement act 1882 Court. Iindian discontinuous easement is one that needs the act of man for its enjoyment.