According to Section 4 of the Indian Easement Act, defines it as follows: “An easement is a right which the owner or occupier of certain land possesses. Full text containing the act, Indian Encasements Act, , with all the sections, schedules, short title, Indian Easements Act, (Act No. 5 of Year ). This is the official website of Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India. Income Tax Department.
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Bar to use unconnected with enjoyment. A non-apparent easement is one that has no such sign. Easements for limited time or on condition.
A must enter the way at either end and not at any intermediate point. A buys a field and unites it to his farm.
The Indian Easements Act,
The right is not annexed to any immovable property of B. The suit shall be dismissed, for the right of way has not been enjoyed “as an easement” for twenty years. 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 or, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
The right of way is extinguished. A may enter upon B ‘s land and alter the drain, to adapt it to the new sewer, provided that he does not thereby impose any additional burden on B’ s land. Sri Rajah Vyricherla Narayana The Incidents Of Easements. The light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. He thereby acquires an easement to graze his cattle in accordance with the custom. Illustrations a A transfers Sultanpur to B on condition that he does not marry C.
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. B afterwards purchases a part of that land over which he can pass to his field. This is not an easement. Such licenses are called accessory licenses.
THE INDIAN EASEMENTS ACT, 1882
A is not thereby entitled to take leaves to manure this field. Revocation express or implied. But he must not pull down or weaken the wall so as to make it incapable of rendering the necessary support.
Extinction on termination of necessity. Exclusion in favor of reversioner of servant heritage.
Rules controlled by contract or title. Incidents of customary easements. He may convert the saw-mill into a corn-mill; provided that it can be worked by the same amount of water. A is entitled to the light, and B cannot build on the land so as to obstruct such light.
Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. The defendant proves that the plaintiff on one occasion during the twenty years had admitted that the user was not of right and asked his leave to enjoy the right.
Citedby docs – [ View All ]. Illustrations a A, the owner of a mill, has acquired a prescriptive right, to divert to his mill part of the water of a stream.
Illustration A has a right of way over a road running along the foot of a sea-cliff.
Section License when transferable. B is entitled to the light, and A cannot afterwards obstruct it by building on his land.