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. Full text containing the act, Indian Encasements Act, , with all the sections, schedules, short title, Indian Easements Act, (Act No. 5 of Year ). This is the official website of Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India. Income Tax Department.
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The light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. Unless a different intention is expressed or necessarily implied, a license to attend a place of public entertainment may be transferred by the licensee; but, save as aforesaid, a license cannot be transferred by the licensee or exercised by his servants or agents.
B enjoys the easement for twenty years. One of two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property.
The right of way vests in B and his legal representatives so long as the lease continues. C unlawfully enters on B ‘s land and obstructs A in his right of way.
The right is not annexed to any immovable property of B. B is entitled to such amount of lateral and subjacent support from A ‘s land as is necessary for the safety of nidian house. He may convert the saw-mill into a corn-mill; provided that it can be worked by the same amount of water.
The river changes its course permanently and runs through C’s land. The circumstance that, during the said period, no one was in possession of the servient heritage, or that the easement could not be enjoyed, or that a right accessory thereto was enjoyed, or that the dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section.
But he must not pull down or weaken the wall so as to make it incapable of ondian the necessary support. Exercise of easement-confinement of exercise of easement.
A’s easement is extinguished. Janaki Amma, 2 KLT The way is out of repair, or a tree is blown down and falls across it. Who may grant license.
The Indian Easements Act,
Licensee’s rights on eviction. Servant owner not bound to do anything. The light passing over A ‘s land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect. A cannot, without the consent of Aact and C, impose an easement on the land or on any part thereof. Servient owner not easemetns to require continuance. A, when exercising his easement, must cut the grass so that the plants may not be destroyed. B ‘s easement is extinguished.
A, without the consent of B and C, releases the easement. 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. Illustrations a A, the owner of a mill, has acquired a prescriptive right, to divert to his mill part of the water of a insian.
This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. An easement extinguished under section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court.
THE INDIAN EASEMENTS ACT, 1882
Illustrations a A, as owner of a farm Y, has a right of way over B’s land to Y. An easement is not extinguished under this section- a where the cessation is in pursuance of a contract between the dominant and servient owners. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. A must enter the way at either end and not at any intermediate point. Persons accessing this site are easemenfs to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.
The field retained was, at the date of the sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to B. B is entitled to go on the land and take away the trees.
Illustrations a By the custom of a certain village every cultivator of village land is entitled, as such, to graze his cattle on the common pasture.
The light which passes over A ‘s land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect. He cannot thereby increase his right to divert water. B is not bound, as servient owner, to clear the watercourse or scour the sewer.
Extinction by dissolution of right of servant owner. Extinction by permanent change in dominant heritage. Section “License” defined. B sues A for compensation for the damage caused by the flooding. This is a non-apparent easement. No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease. Provided that if, in the case of a discontinuous easement, the dominant owner, within such period, registers, under the Indian Registration Act, 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.
B may grant to C the right to divert the water of the stream from noon to sunset: Illustrations a A grants to B, as the owner of a certain house, a right to fish in a river running through A’s land.
Tax Laws & Rules > Acts > Indian Easements Act,
Then A ‘s rent falls into arrear and his interest is sold. He must not use the easement for the purpose of passing to and from Z. A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.
A discontinuous easement is one that needs the act of man for its enjoyment. Section Accessory licenses annexed by law.
B assigns the house to C, B then purports to release the easement. Transfer of dominant heritage passes easement. Transfer of dominant heritage passes easement.