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.
|Published (Last):||18 June 2014|
|PDF File Size:||15.72 Mb|
|ePub File Size:||13.48 Mb|
|Price:||Free* [*Free Regsitration Required]|
Illustrations a A right annexed to B’ s house to receive light by the windows without obstruction by his neighbour A.
A lets the land to B for twenty years. 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 extends his works and thereby increases the quantity discharged. Illustrations a A, as owner of a farm Y, has a right of way over B’s land to Y. Extinction by permanent adt in dominant heritage. Section License when revocable. He may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from bamboos, provided that he does not substantially increase the amount, or injuriously change the nature, easemens the pollution.
The Indian Easements Act,
Extinction of useless easement. B enjoys the easement for twenty years. Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and if the dominant heritage is diminished by diluvion, the easement is proportionately diminished.
Illustration A, as the absolute owner of field Y, has right of way thither over B’s field Z. Save as aforesaid, no easement is effected by any change in the extent of the dominant or the servient heritage.
THE INDIAN EASEMENTS ACT, 1882
B is not bound, as servient owner, to clear the watercourse or scour the sewer. Easement for limited time or on condition. Such licenses are called accessory licenses.
A necessary easement extinguished under the same section revives when the unity of ownership ceases from any other cause.
C is entitled to lateral support from B ‘s building, and B is entitled to lateral support from C ‘s building. B renders the way impassable. Easements for limited time or on condition. Obstruction in case of excessive user. The Incidents Of Easements. Illustrations a A places a permanent obstruction in a path over which B, as tenant of C ‘s house, has a right of way.
Illustrations a A, the owner of a saw-mill, has a right to a flow of water sufficient to work the mill. Illustrations a A grants B a right to walk over A ‘s field whenever he pleases. The release is ineffectual. Here A indiaj grants B a right to the light, and C takes the land subject to the restriction that he may not build so as to obstruct such right.
Extinction on termination of necessity.
Section Revocation express or implied. A may enter upon B ‘s land and alter the drain, to adapt it to the new sewer, provided that he does not thereby impose any additional burden on B’ s land. The defendant admits the obstruction, but denies the right of way.
Section Grant or duty not to render property unsafe. Illustrations a A, as owner of a house, has a right to lead water and send sewage through B ‘s land. Grant may be express or implied.
This release is effectual only as against A and his legal representative. B may grant to C, as the owner of a neighbouring farm, the right to feed his cattle on the grass growing on the way: The way is out of repair, or a tree is blown down and falls across it.
B is entitled, as against A, to pollute the air, when necessary, with smoke and easekents from the factory. A, retaining the house, sells the land to B, without expressly reserving any easement. Section atc defined.
Liability for expenses necessary for preservation of easements.