Determinable Easement - Page 1 - Bare Acts

Indian Easements Act, 1882 Chapter 2

Title: The Imposition, Acquisition and Transfer of Easements

State: Central

Year: 1882

.....sale took effect. A is entitled to the light, and B cannot build on the land so as to obstruct such light. (g) A the owner of a house, sells IS a factor)' built on adjoining land, B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. (h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. 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 look effect. (i) A, the owner of two adjoining buildings, sells one to B, retaining the other. B is entitled to a right to lateral support from A's building, and A is entitled to a right to lateral support from B's building. (j) A, the owner of two adjoining buildings, sells one to B and the other to C. C is entitled to lateral support from B's building, and B is entitled to lateral support from C's building. (k) A grants lands to ti for the purpose of building a house thereon. B is entitled to such amount of.....

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Indian Easements Act, 1882 Chapter 3

Title: The Incidents of Easements

State: Central

Year: 1882

.....of his mill. He cannot thereby increase his right to divert water. (b) A has acquired an easement to pollute a stream by carrying on a manufacture on its banks by which a certain quantity of foul matter is discharged into it. A extends his works and thereby increases the quantity discharged. He is responsible to the lower riparian owners for injury done by such increase. (c) A as the owner of a farm, has a right to lake for the purpose of manuring his farm: leaves which have fallen from the trees on B's land. A buys a field and unites it to his farm. A is not thereby entitled to take leaves to manure this fields. Section 30 - Partition of dominant heritage Where a dominant heritage is divided between two or more persons, the easement becomes annexed to each of the shares, but not so as to increase substantially the burden on the servient heritage: Provided that such annexation is consistent with the terms of the instrument, decree or revenue proceeding (if any) under which the division was made, and in the case of prescriptive rights, with the user during the prescriptive period. Illustrations (a) A house to which a right of way by a particular path is annexed.....

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Indian Easements Act, 1882 Section 28

Title: Extent of Easements

State: Central

Year: 1882

With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect;-- Easement of necessity.--An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed. Other easements.--The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties, and the purpose for which the right was imposed or acquired. In the absence of evidence as to such intention and purpose-- (a) Right of way.--A right of way of any one kind does not include a right of way of any of kind; (b) Right to light or air acquired by grant.--The extent of a right to the passage of light or air to a certain window, door on other opening, imposed by a testamentary or non-testamentary instrument, is the quantity of light or air that entered the opening at the time the testator died or the non-testamentary instrument was made; (c) Prescriptive right to light or air.--The extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening d

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Indian Easements Act, 1882 Section 8

Title: Who May Impose Easements

State: Central

Year: 1882

An easement may be imposed by any one in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed. Illustrations (a) A is tenant of B's land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease. A may impose an easement on the land to continue during the lime that the lease exists or for any shorter period. (b) A is tenant for his life of certain land with remainder to B absolutely. A cannot, unless with B's consent, impose an easement thereon which will continue after the determination of his life interest. (c) A B and C are co-owners of certain land. A cannot, without the consent of B and C, impose an easement on the land or on any part thereof. (d) A and B are lessees of the same lessor. A of a field X for a term of five years, and B of a field Y for a term of ten years. A's interest under his lease is transferable; B's is not. A may impose on X in favour of B, a right of way terminable with A's lease.

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Indian Easements Act, 1882 Chapter 5

Title: The Extinction, Suspension and Revival of Easements

State: Central

Year: 1882

.....to B, and lawfully imposes an easement on the land in favour of C in accordance with the provisions of section 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not thereby extinguished. Section 38 - Extinction by release An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. An easement may be released as to part only of the servient heritage. Explanation I.--An easement is impliedly released-- (a) where the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b) where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II.--Mere non-user of an easement is not an implied release within the meaning of this section. Illustrations .....

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Indian Easements Act, 1882 Section 22

Title: Exercise of Easement. Confinement of Exercise of Easement

State: Central

Year: 1882

The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and, when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined. Illustrations (a) A has a fight of way over B's field. A must enter the way ai either end and not at any intermediate point. (b) A has a right annexed to his house to cut thatching grass in B's swamp. A when exercising his easement must ail the grass so that the plants may not be destroyed.

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Indian Easements Act, 1882 Complete Act

Title: Indian Easements Act, 1882

State: Central

Year: 1882

.....which cannot be acquired by prescription Section18 - Customary easements Section19 - Transfer of dominant heritage passes easement Chapter 3 Section20 - Rules controlled by contract or title Section21 - Bar to use unconnected with enjoyment Section22 - Exercise of easement. Confinement of exercise of easement Section23 - Right to alter mode of enjoyment Section24 - Right to do acts to secure enjoyment Section25 - Liability for expenses necessary for preservation of easements Section26 - Liability for damage from want of repair Section27 - Servient owner not bound to do anything Section28 - Extent of easements Section29 - Increase of easement Section30 - Partition of dominant heritage Section31 - Obstruction in case of excessive user Chapter 4 Section32 - Right to enjoyment without disturbance Section33 - Suit for disturbance of easement Section34 - When cause of action arises for removal of support Section35 - Injunction to restrain disturbance Section36 - Abatement of obstruction of easement Chapter 5 Section37 - Extinction by dissolution of right of servient owner Section38 - Extinction by release Section39 - Extinction by revocation Section40 -.....

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Indian Easements Act, 1882 Chapter 1

Title: Of Easements Generally

State: Central

Year: 1882

.....The right of every owner of upper land that water naturally rising in or falling on such land, and not passing in defined channels, shall be allowed by the owner of adjacent lower land to run naturally thereto. (j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep and the right of every such owner to use and consume the water for irrigating such land, and for the purposes of any manufactory situate thereon, provided that he does not thereby cause material injury to other like owner. Explanation.--A natural stream is a stream, whether permanent or intermittent, tide or tideless, on the surface of land or underground, which flows by the operation of nature only and in a natural and known course.

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Indian Easements Act, 1882 Section 13

Title: Easements of Necessity and Quasi Easements

State: Central

Year: 1882

.....sale took effect. A is entitled to the light, and B cannot build on the land so as to obstruct such light. (g) A the owner of a house, sells IS a factor)' built on adjoining land, B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. (h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. 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 look effect. (i) A, the owner of two adjoining buildings, sells one to B, retaining the other. B is entitled to a right to lateral support from A's building, and A is entitled to a right to lateral support from B's building. (j) A, the owner of two adjoining buildings, sells one to B and the other to C. C is entitled to lateral support from B's building, and B is entitled to lateral support from C's building. (k) A grants lands to ti for the purpose of building a house thereon. B is entitled to such amount of.....

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Indian Easements Act, 1882 Chapter 4

Title: The Disturbance of Easements

State: Central

Year: 1882

.....the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and section 34. Explanation II.--Where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit, Explanation III--Where the easement disturbed is a right to the free passage of air to the openings in a house, damage is substantial within the meaning of this section if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health. Illustrations (a) A places a permanent obstruction in a path over which B, as tenant of C's house, has a right of way. This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. (b) A, as owner of a house, has a right to walk along one side.....

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