Act Text
Preamble1 - The Easements Act, 1882
Section1 - SHORT TITLE This Act may be called the Indian Easements Act, 1882. Local extent, commencement. It extends to the
Section2 - SAVINGS Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from
Section3 - CONSTRUCTION OF CERTAIN REFERENCES TO ACT XV OF 1877, AND ACT IX OF 1871 All references in any Act or Regulation to
Section4 - "EASEMENT" DEFINED An easement is a right which the owner or occupier of certain land possess, as such, for the
Section5 - CONTINUOUS AND DISCONTINUOUS, APPARENT AND NON APPARENT EASEMENTS Easements are either continuous or discontinuous,
Section6 - EASEMENT FOR LIMITED TIME OR ON CONDITION An easement may be permanent, or for a term of years or other limited period,
Section7 - EASEMENTS RESTRICTIVE OF CERTAIN RIGHTS Easements are restrictions of one or other of the following rights
Section8 - WHO MAY IMPOSE EASEMENTS An easement may be imposed by any one in the circumstances, and to the extent, in and to which
Section9 - SERVIENT OWNERS Subject to the provisions of section 8-, a servient owner may impose on the servient heritage any
Section10 - LESSOR AND MORTGAGOR Subject to the provisions of section 8, a lessor may impose, on the property leased, any easement
Section11 - LESSEE No lessee or other person having a derivative interest may impose on the property held by him as such an
Section12 - WHO MAY ACQUIRE EASEMENTS An easement may be acquired by the owner of the immovable property for the beneficial
Section13 - EASEMENTS OF NECESSITY AND QUASI EASEMENTS Where one person transfers or bequeaths immovable property to another,
Section14 - DIRECTION OF WAY OF NECESSITY When a right to a way of necessity is created under section 13-, the transferor, the
Section15 - ACQUISITION BY PRESCRIPTION Where the access and use of light or air to and for any building have been peaceably
Section16 - Exclusion in favour of reversioner of servient heritage Provided that, when any land upon, over or from which any
Section17 - RIGHTS WHICH CANNOT BE ACQUIRED BY PRESCRIPTION Easements acquired under section 15-are said to be acquired by
Section18 - CUSTOMARY EASEMENTS An easement maybe acquired in virtue of a local custom. Such easements are called customary
Section19 - TRANSFER OF DOMINANT HERITAGE PASSES EASEMENT Where the dominant heritage is transferred or devolves, by act of parties
Section20 - RULES CONTROLLED BY CONTRACT OR TITLE The rules contained in this Chapter are controlled by any contract between the
Section21 - BAR TO USE UNCONNECTED WITH ENJOYMENT An easement must not be used for any purpose not connected with the enjoyment of
Section22 - EXERCISE OF EASEMENT -- CONFINEMENT OF EXERCISE OF Easement The dominant owner must exercise his right in the mode
Section23 - RIGHT TO ALTER MODE OF ENJOYMENT Subject to the provisions of section 22, the dominant owner may, from time to time,
Section24 - RIGHT TO DO ACTS TO SECURE ENJOYMENT The dominant owner is entitled, as against servient owner, to do all acts
Section25 - LIABILITY FOR EXPENSES NECESSARY FOR PRESERVATION OF EASEMENT The expenses incurred in constructing works, or making
Section26 - LIABILITY FOR DAMAGE FROM WANT OF REPAIR Where an easement is enjoyed by means of an artificial work, the dominant
Section27 - SERVIENT OWNER NOT BOUND TO DO ANYTHING The servient owner is not bound to do anything for the benefit of the dominant
Section28 - EXTENT OF EASEMENTS With respect to the extent of easements and the mode of their enjoyment, the following provisions
Section29 - INCREASE OF EASEMENT The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially
Section30 - PARTITION OF DOMINANT HERITAGE Where a dominant heritage is divided between two or more persons, the easement becomes
Section31 - OBSTRUCTION IN CASE OF EXCESSIVE USER In the case of excessive user of an easement the servient owner may, without
Section32 - RIGHT TO ENJOYMENT WITHOUT DISTURBANCE The owner or occupier of the dominant heritage is entitled to enjoyment the
Section33 - SUIT FOR DISTURBANCE OF EASEMENT The owner of any interest in the dominant heritage, or the occupier of such heritage,
Section34 - WHEN CAUSE OF ACTION ARISES FOR REMOVAL OF SUPPORT The removal of the means of support to which a dominant owner is
Section36 - ABATEMENT OF OBSTRUCTION OF EASEMENT Notwithstanding the provisions of section 24-, the dominant owner cannot himself
Section37 - EXTINCTION BY DISSOLUTION OF RIGHT OF SERVIENT OWNER When, from a cause which preceded the imposition of an easement,
Section38 - EXTINCTION BY RELEASE An easement is extinguished when the dominant owner releases it, expressly or implidly, to the
Section39 - EXTINCTION BY REVOCATION An easement is extinguished when the servient owner, in exercise of a power reserved in this
Section40 - EXTINCTION ON EXPIRATION OF LIMITED PERIOD OR HAPPENING OF DISSOLVING CONDITION An easement is extinguished where it
Section41 - EXTINCTION ON TERMINATION OF NECESSITY An easement of necessity's extinguished when the necessity comes to an end
Section42 - EXTINCTION OF USELESS EASEMENT An easement is extinguished when it becomes incapable of being at any time and under any
Section43 - EXTINCTION BY PERMANENT CHANGE IN DOMINANT HERITAGE Where, by, any permanent change in the dominant heritage, the
Section44 - EXTINCTION ON PERMANENT ALTERNATIVE OF SERVIENT HERITAGE BY SUPERIOR FORCE An easement is extinguished where the
Section45 - EXTINCTION BY DESTRUCTION OF EITHER HERITAGE An easement is extinguished when either the dominant or the servient
Section46 - EXTINCTION BY UNITY OF OWNERSHIP An easement is extinguished when the same person becomes entitled to the absolute
Section47 - EXTINCTION BY NON-ENJOYMENT A continuous easement is extinguished when it totally ceases to be enjoyed as such for an
Section48 - EXTINCTION OF ACCESSORY RIGHTS When an easement is extinguished, the rights
Section49 - SUSPENSION OF EASEMENT An easement is suspended when the dominant owner become entitled to possession of the servient
Section50 - SERVIENT OWNER NOT ENTITLED TO REQUIRE CONTINUANCE The servient owner has no right to require that an easement be
Section51 - REVIVAL OF EASEMENTS An easement extinguished under section 45-revives
Section52 - "LICENSE" DEFINED Where one person grants to another, or to a-definite number of other persons, a right to do, or
Section53 - WHO MAY GRANT LICENSE A license may be granted by any one in the circumstances and to the extent in and to which he may
Section54 - GRANT MAY BE EXPRESS OR IMPLIED The grant of a license may be express or implied from the conduct of the grantor, and
Section55 - ACCESSORY LICENSES ANNEXED BY LAW All licenses necessary for the enjoyment of any interest or the exercise of any
Section57 - GRANTOR'S DUTY TO DISCLOSE DEFECTS The grantor of a license is bound to disclose to the licensee any defect in the
Section58 - GRANTOR'S DUTY NOT TO RENDER PROPERTY UNSAFE The grantor of a license is bound not to do anything likely to render the
Section59 - GRANTOR'S TRANSFEREE NOT BOUND BY LICENSE When the grantor of the license transfers the property affected thereby, the
Section60 - LICENSE WHEN REVOCABLE A license may be revoked by the grantor, unless
Section61 - REVOCATION EXPRESS OR IMPLIED The revocation of a license may be express or implied
Section62 - LINCENSE WHEN DEEMED REVOKED A license is deemed to be revoked
Section63 - LICENSEE'S RIGHTS ON REVOCATION Where a license is revoked, the licensee is entitled to a reasonable time to leave the
Section64 - LICENSEE'S RIGHTS ON EVICTION Where a license has been granted for a consideration, and the licensee, without any fault
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