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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 -.....

The Easements Act, 1882 Complete Act

State: Central

Year: 1882

.....appears, be deemed to pass the easement to the person in whose favour the transfer or devolution takes place. SECTION 20: RULES CONTROLLED BY CONTRACT OR TITLE The rules contained in this Chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed. Incidents of customary easements and when any incident of any customary easement is inconsistent with such rules, nothing in this Chapter shall affect such incident. SECTION 21: BAR TO USE UNCONNECTED WITH ENJOYMENT An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. SECTION 22: EXERCISE OF EASEMENT -- CONFINEMENT OF EXERCISE OF Easement 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. SECTION 23: RIGHT TO ALTER MODE OF ENJOYMENT Subject to the provisions of.....

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.

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 .....

Indian Easements Act, 1882 Section 5

Title: Continuous and Discontinuous, Apparent and Non-apparent Easements

State: Central

Year: 1882

Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. Illustrations (a) A right annexed to B 's house to receive light by the windows without obstruction by his neighbour A. This is a continuous casement. (b) A right of way annexed to A's house over B's land. This is a discontinuous easement. (c) Rights annexed to, A's land to lead water thither across B's land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements. (d) A right annexed to A's house to prevent B from building on his own land. This is a non-apparent easement.

Indian Easements Act, 1882 Section 47

Title: Extinction by Non-enjoyment

State: Central

Year: 1882

.....or that a right accessory thereto was enjoyed, or that 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. An easement is not extinguished under this section-- (a) where the cessation is in pursuance of a contract between the dominant and servient owners; (b) where the dominant heritage is held in co-ownership, and one of the co-owners enjoys the easement within the said period; or (c) where the easement is a necessary easement. Where several heritages are respectively subject to rights of way for the benefit of a single heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to be a single easement. Illustration A has, as annexed to his house, rights of way from the high road thither over the heritages X and Z and the intervening heritage Y. Before the twenty years expire, A exercises his right of way over X. His rights of way over V and Z are not extinguished. ______________________ 1. See now the Registration Act, 1908 (16 of 1908).

The Punjab Requisitioning and Acquisition of Immovable Prorerty Act 1953 Complete Act

State: Punjab

Year: 1953

THE PUNJAB REQUISITIONING AND ACQUISITION OF IMMOVABLE PRORERTY ACT 1953 THE PUNJAB REQUISITIONING AND ACQUISITION OF IMMOVABLE PRORERTY ACT 1953. PUNJAB ACT NO. 11 OF 1953. Section Subject 1. Short title, extent and duration 2. Definition 3. Power to requisition immovable property 4. Power to take possession of requisitioned property 5. Right over requisitioned property 6. Release from Requisitioning 6A Application for release from requisitioning 6B Further application for release from requisitioning 7. Process of Requisition 8. Principles and methods of determining compensation 9. Payment of compensation 10. Appeals from orders of requisitioning 10A Appeal from order of competent authority rejecting application for release from requisitioning. 11. Appeals from awards in respect of compensation 12. Competent authority and arbitrator to have certain powers of civil courts. 13. Power to obtain information 14. Power to enter and inspect 15. .....

[The] Requisitioning and Acquisition of Immovable Property Act, 1952 Complete Act

State: Punjab

Year: 1952

[THE] REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 [THE] REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 (ACT 30 OF 1952) [14th march, 1952] Section Subject 1. Short title, extent and duration 2. Definitions 3. Power to requisition immovable property 4. Power to take possession of requisitioned property 5. Rights over requisitioned property 6. Release from requisitioning 7. Power to acquire requisitioned property 8. Principles and method of determining compensation 9. Payment of compensation 10. Appeals from orders of requisitioning 11. Appeals from awards in respect of compensation 12. Competent authority and arbitrator to have certain powers of civil courts 13. Power to obtain information 14. Power to enter and inspect 15. Power to enter and inspect 16. Easement not to be disturbed 17. Delegation of powers 18. Protection of action taken in good faith 19. Bar of jurisdiction of civil courts 20. Penalty for offences .....

Requisitioning and Acquisition of Immc Vable Property Act, 1952 Section 16

Title: Easement Not to Be Disturbed

State: Central

Year: 1952

No person interested in any property requisitioned or acquired under this Act shall, without the previous written consent of the comeptent authority or except for the purposes of effecting repairs or complying with a municipal requirement, wilfully disturb any convenience or easement attached to such property or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service provided for the property.

Requisitioning and Acquisition of Immovable Property Act, 1952 Complete Act

State: Central

Year: 1952

.....the Defence of India Act, 1939would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952 was enacted to confer-powers on the Government in this regard. Section 24of the Act provided .that any property which was subject to requisition under the Act of 1947 shall be deemed to have been requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. This Act was initially to remain in force for six years and was to expire on the 13th March, 1958. The life of the Act was however, extended from time to time, and will now remain in force up to the 13th March, 1970. 2. Chapter VI of the Defence of India Act, 1962provided for the requisitioning and acquisition of immovable property. The Act ceased to have effect with effect from the 10th July, 1968, namely six months after Proclamation of Emergency which was revoked with effect from the 10th January, 1968. As there were numerous properties requisitioned under the Defence of India Act, 1962, it was not found possible either to release them or to acquire them by the payment of compensation. The Requisitioning and Acquisition of Immovable Property.....