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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 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 38

Title: Extinction by Release

State: Central

Year: 1882

.....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 (a) A, B and C are co-owners of a house to which an easement is annexed. A, without the consent of B and C, releases the easement. This release is effectual only as against A and his legal representative. (b) A grants Ban easement over A's land for the beneficial enjoyment of his house, B assigns the house to C, B then purports to release the easement. The release is ineffectual. (c) A, having the light to discharge his eavesdroppings into B's yard, expressly authorises B to build over this yard to a height which will interfere with the discharge. B builds accordingly. A's easement is extinguished to the extent of the interference. (d) A, having an easement of light to a window, builds up.....

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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 33

Title: Suitfor Disturbance of Easement

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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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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Indian Easements Act, 1882 Section 31

Title: Obstruction in Case of Excessive User

State: Central

Year: 1882

In the case of excessive user of an casement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage: Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement. Illustration A, having a right to the free passage over B's land of light to four windows, 6 "X 4", increases their size and number. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows. B cannot obstruct the excessive user.

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Indian Easements Act, 1882 Section 30

Title: Partition of Dominant Heritage

State: Central

Year: 1882

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 is divided into two parts, one of which is granted to A, the other to B. Each is entitled, in respect of his part, to a right of way by tie same path. (b) A house to which is annexed the right of drawing water from a well to the extent of fifty buckets a day is divided into two distinct heritages, one of which is granted to A, the other to B. A and B are each entitled, in respect of his heritage, to draw from the well fifty buckets a day: but the amount drawn by both must not exceed fifty buckets a day. (c) A, having in respect of his house an easement of light, divides the house into three district heritages. Each of these continues to have the right to have its wind

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Indian Easements Act, 1882 Section 27

Title: Servient Owner Not Bound to Do Anything

State: Central

Year: 1882

.....as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the easement; but he must not do any act tending to restrict the easement or to render its exercise less convenient. Illustrations (a) A, as owner of a house has a right to lead water and send sewage through B's land. B is not bound, as servient owner, to clear the water course or scour the sewer. (b) A grants a right of way through his land to B as owner of a field. A may feed his cattle on grass growing on the way, provided that B's right of way is not thereby obstructed; but he must not build a wall at the end of his land so as to prevent B from going beyond it, nor must he narrow the way so as to render the exercise of the right less easy than it was at the date of the grant. (c) A, in respect of his house, is entitled to an easement of support from B's wall. B is not hound, as servient owner to keep the wall standing and in repair. But he must not pull down or weaken the wall so as to make it incapable of rendering the necessary support. (d) A, in respect of his mill, is entitled to a water course through B's land. A must not drive stakes so as to.....

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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.

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