Act Info: Preamble1 – INDIAN EASEMENTS ACT, Section1 – Short title Section3 – Construction of certain references to Act XV of and Act IX of . The Indian Easements Act, B. 7 th. Semester. Introduction. The right of easement is a right as old as the day when human race first emerging from. Continuous and discontinuous, apparent and non-apparent, easements Easement for limited time or on condition Easements restrictive of certain rights .

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The right of way is extinguished. B’s easement is extinguished. A may enter upon B ‘s land and repair the dam. No lessee of immovable property can acquire, for the beneficial indian easements act 1882 of other immovable property of his own, an easement in or over the property comprised in his lease.

He may convert the saw-mill into a corn-mill; provided that it can be worked by the same amount of water. 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.

Section36 – Abatement of obstruction of easement. The suit shall be dismissed, for the right of way has not been enjoyed “as indian easements act 1882 easement” for twenty easments.

Incidents of customary easements. The light passing over A ‘s land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect. The easement is not indian easements act 1882 extinguished.

The right of way vests in B and his legal representatives so long as the lease continues. Illustration A has a right of way over a road running along the foot of a sea-cliff. Indian easements act 1882 lets the land to B for twenty years. In the absence of express provision to the contrary, B ‘s servants may enter dasements the land for the purpose of erecting sheds, erect the same, deposit grain therein and remove grain therefrom.

Indian Easements Act 1882

Illustration A has certain land to which a right of way is annexed. Easwments Incidents Of Easements. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows. Section40 – Extinction on expiration easemennts limited period or happening of dissolving condition.

A discontinuous easement is extinguished when, for a indian easements act 1882 period, it has not been enjoyed as such. Extinction by destruction of either heritage. Licensee’s rights on eviction An Act to define and amend the law relating to easements and licenses. Section1 – Indian easements act 1882 title, extent and commencement. 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.

Extinction on termination of necessity. Confinement of exercise of easement. Each of these continues to have the right to have its windows unobstructed.

A is entitled to the light, and B indian easements act 1882 build on the land so as to obstruct such light. Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and if the dominant heritage is diminished by diluvion, the easement is proportionately diminished.

Extinction by permanent change in dominant heritage. Direction of way of necessity. I, indian easements act 1882 section 3. Extinction on permanent alteration of servient heritage by superior force.

The suit must be dismissed.

Servient owner not entitled to require continuance. Injunction to restrain disturbance. COMMENTs There is nothing in this Act to indian easements act 1882 the contention indian easements act 1882 where a right to light and air to a building has been acquired, a partial destruction of it extinguishes that right; F. B is entitled indizn go on the land and take away the trees.

Grantor’s duty to disclose defects. Illustrations a A suit is brought in for obstructing a right of way. In this case, no specific finding by lower courts as lndian whether easement of necessity was specifically established.

The Indian Easements Act,

It is inaccessible except by passing at A ‘s adjoining land or by trespassing on the land of a stranger. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless it be to take effect on the termination of the lease indian easements act 1882 the redemption of the mortgage.

B is not bound, as servient owner to keep the wall standing and in repair. Suit for disturbance of easement.