Bare Act Search Results

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 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.....

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

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 -.....

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 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.....

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.....

Indian Easements Act, 1882 Section 41

Title: Extinction on Termination of Necessity

State: Central

Year: 1882

An easement of necessity is extinguished when the necessity comes to an end. Illustration A grants B a field inaccessible except by passing over A s adjoining land, B afterwards purchases a part if that land over which he can pass to his field. The right of way over A's land which B had acquired is extinguished.

Indian Easements Act, 1882 Section 43

Title: Extinction by Permanent Change in Dominant Heritage

State: Central

Year: 1882

Where, by, any permanent change in the dominant heritage, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment Of the easement, the easement is extinguished unless-- (a) it was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the easement should be used; or (b) the injury caused to the servient owner by the change is so slight that no reasonable person would complain of it; or (c) the easement is an easement of necessity. Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.

Indian Easements Act, 1882 Section 44

Title: Extinctionon Permanent Alteration of Servient Heritage by Superior Force

State: Central

Year: 1882

An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominant owner can no longer enjoy such easement: Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage; and the provisions of section 14 apply to such way. 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. The river changes its course permanently and runs through C's land. B's easement is extinguished. (b) Access to a path over which A has a right of way is permanently cut off by an earthquake. A's right is extinguished.