Sections Particulars
Preliminary
1 Short title
This Act may be called the Indian Easements Act, 1882. Local extent: It extends to the territories respectively administered by the Governor of Madras in Counc...
2 Saving
Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from- (a) any right of the government to regulate the ...
3 Construction of certain references to Act XV of 1877 and Act IX of 1871
All references in any Act or Regulation to sections 26 and 27 of the Indian Limitation Act, 1877 or to sections 27 and 28 of Act No. IX of 1871, shall, in the...
Chapter I Easements Generally
5 Continuous and discontinuous, apparent and non-apparent easements
Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the ...
6 Easement for limited time or on condition
An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, o...
7 Easements restrictive of certain rights
Easements are restrictions of one or other of the following rights (namely):- (a) Exclusive right to enjoy-The exclusive right of every owner of immovable pro...
Chapter II The Imposition, Acquisition And Transfer Of Easements
8 Who may impose easements
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 liabi...
9 Servant owners
Subject to the provisions of section 8, a servant owner may impose on the servant heritage any easement that does not lessen the utility of the exiting easeme...
10 Lessor and mortgagor
Subject to the provisions of section 8, a lessor may impose, on the property leased, any easement that does not derogate from the rights of the lessee as such...
11 Lessee
No lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of his o...
12 Who may acquire easements
An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person...
13 Easements of necessity and quasi easements
Where one person transfers or bequeaths immovable property to another- (a) if an easement in other immovable property of the transferor or testator is necessa...
14 Direction of way of necessity
When a right to a way of necessity is created under section 13, the transferor, the legal representative of the testator, or the owner of the share over which...
15 Acquisition by prescription
Where the access and use of light or air and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty year...
16 Exclusion in favor of reversioner of servant heritage
that, when any land upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of...
17 Rights which cannot be acquired by prescription
Easements acquired under section 15 are said to be acquired by prescription, and are called prescriptive rights. None of the following rights can be so acquire...
18 Customary easements
An easement may be acquired in virtue of a local custom. Such easements are called customary easements. (a) By the custom of a certain village every cultivator...
19 Transfer of dominant heritage passes easement
Where the dominant heritage is transferred or devolves, by act of parties or by operation of law, the transfer or devolution shall, unless a contrary intentio...
Chapter III The Incidents Of Easements
20 Rules controlled by contract or title
The rules contained in this Chapter are controlled by any contract between the dominant and servant owners relating to the servant heritage, and by the provis...
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. (a) A, as owner of a farm Y, has right of way over B's ...
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 servant owner, and, when the exercise of an easement can without detrimen...
23 Right to alter mode of enjoyment
Subject to the provisions of section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does n...
24 Right to do acts to secure enjoyment
The dominant owner is entitled, as against the servant owner, to do all acts necessary to secure the fully enjoyment of the easement; but such acts must be do...
25 Liability for expenses necessary for preservation of easement
The expenses incurred in constructing works, or making repairs, or doing any other act necessary for the use or preservation of an easement, must be defrayed ...
26 Liability for damage from want of repair
Where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation for any damage to the servant heritage arising ...
27 Servant owner not bound to do anything
The servant owner is not bound to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servant ...
28 Extent of easements
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 nec...
29 Increase of easement
The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an easement. Where an easement has been granted or beq...
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 ...
31 Obstruction in case of excessive user
In the case of excessive user of an easement the servant owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, bu...
Chapter IV The Disturbance Of Easements
32 Right to enjoyment with out disturbance
The owner or occupier of the dominant heritage is entitled to enjoyment the easement without disturbance by any other person. A, as owner of a house has a righ...
33 Suit for disturbance of easement
The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easemen...
34 When cause of action arises for removal of support
The removal of the means of support to which a dominant owner is entitled does not give rise to a right to recover compensation unless and until substantial d...
35 Injunction to restrain disturbance
Subject to the provisions of the Specific Relief Act, 1877 (1 of 1877), sections 52 to 57 (both inclusive), an injunction may be granted to restrain the distu...
36 Abatement of obstruction of easement
Notwithstanding the provisions of section 24, the dominant owner cannot himself abate a wrongful obstruction of an easement. ...
Chapter V The Extinction, Suspension And Revival Of Easements
37 Extinction by dissolution of right of servant owner
When, from a cause which preceded the imposition of an easement, the person by whom it was imposed ceases to have any right in the servant heritage, the easem...
38 Extinction by release
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servant owner. Such release can be made only in the circumstanc...
39 Extinction by revocation
An easement is extinguished when the servant owner, in exercise of power reserved in this behalf, revokes the easement. ...
40 Extinction on expiration of limited period or happening of dissolving condition
An easement is extinguished where it has been imposed for a limited period, or acquired on condition that it shall become void on the performance or non-perfo...
41 Extinction on termination of necessity
An easement of necessity is extinguished when the necessity comes to an end. A grants B a field inaccessible except by passing over A's adjoining land. B, aft...
42 Extinction of useless easement
An easement is extinguished when it becomes incapable of being at any time and under any circumstances beneficial to the dominant owner. ...
43 Extinction by permanent change in dominant heritage
Where by, any permanent change in the dominant heritage, the burden on the servant heritage is materially increased and cannot be reduced by the servant owner...
44 Extinction on permanent alteration of servant heritage by superior force
An easements is extinguished where the servant heritage is by superior force so permanently altered that dominant owner can no longer enjoy such easement: tha...
45 Extinction by destruction of either heritage
An easement is extinguished when either the dominant or the servant heritage is completely destroyed. A has a right of way over a road running along the foot o...
46 Extinction by unity of ownership
An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servant heritages. (a) A, as the ...
47 Extinction by non-enjoyment
A continuous easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of twenty years. A discontinuous easement is extingui...
48 Extinction of accessory rights
When an easement is extinguished, the rights (if any) accessory thereto are also extinguished. A has an easement to draw water form B’s well. An accessory the...
49 Suspension of easement
An easement is suspended when the dominant owner become entitled to possession of the servant heritage for a limited interest therein, or when the servant own...
50 Servant owner not entitled to require continuance
The servant owner has no right to require that an easement be continued; and notwithstanding the provisions of section 26, he is not entitled to compensation ...
51 Revival of easements
An easement extinguished under section 45 revives (a) when the destroyed heritage is, before twenty years have expired, restored by the deposit of alluvion; (...
Chapter VI Licences
52 License defined
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grant...
53 Who may grant license
A license may be granted by anyone in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the licens...
54 Grant may be express or implied
The grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual fo...
55 Accessory licenses annexed by law
All licenses necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licens...
56 License when transferable
Unless a different intention is expressed or necessarily implied, license to attend a place of public entertainment may be transferred by the licensee; but, s...
57 Grantor's duty to disclose defects
The grantor of a license is bound to disclose to the licensee any defect in the property affected by the license, likely to be dangerous to the person or prop...
58 Grantor's duty not to render property unsafe
The grantor of a license is bound not to do anything likely to render the property affected by the license dangerous to the person or property of the license....
59 Grantor's transferee not bound by license
When the grantor of the license transfers the property affected thereby, the transferee is not as such bound by the license. ...
60 License when revocable
A license may be revoked by the grantor, unless- (a) it is coupled with a transfer of property and such transfer is in force; (b) the licensee, acting upon the...
61 Revocation express or implied
The revocation of a License may be express or implied. (a) A, the owner of a field, grants a license to B, to use a path across it. A with intent to revoke the...
62 License when deemed revoked
A license is deemed to be revoked- (a) when, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the li...
63 Licensee's rights on revocation
Where a license is revoked, the licensee is entitled to a reasonable time to leave the property affected thereby and to remove any goods which he has been all...
64 Licensee's rights on eviction
Where a license has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, u...
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