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. 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.

Author: Maurg Vugami
Country: Laos
Language: English (Spanish)
Genre: Travel
Published (Last): 26 December 2008
Pages: 380
PDF File Size: 5.25 Mb
ePub File Size: 16.44 Mb
ISBN: 631-9-96045-863-5
Downloads: 63238
Price: Free* [*Free Regsitration Required]
Uploader: Kazratilar

The defendant proves that for a year of that time the plaintiff was entitled to possession of the servient heritage as lessee thereof and enjoyed the right as such lessee.

Lying beyond Y, A has another farm Easemetn, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y.

Such period shall be reckoned, in the case of a continuous easement, from the day on which its enjoyment was obstructed by the servient owner, or rendered impossible by the dominant owner; and, in the case of a adt easement, from the day on which it was last enjoyed by any person as dominant owner: Illustration A has a right of way over a road running along the foot of a sea-cliff.

One of two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property.


Easements restrictive of certain rights. Extinction on expiration of limited period or happening of dissolving condition. It is hereby enacted as follows: Exception -Nothing in this section applies to an easement lawfully imposed aesement a mortgagor in accordance with section Licensee’s rights on eviction An Act to define and amend the law relating to easements and licenses.

Indian Encasements Act, | Bare Acts | Law Library | AdvocateKhoj

The light passing over A ‘s land to the windows is necessary for enjoying eaaement house as it was enjoyed when the sale took effect. A cannot, unless with B ‘s consent, impose an easement thereon which will continue after the determination of his life-interest.

Who may acquire easements. Rights which cannot be acquired by prescription. Servient owner not entitled to require continuance. The easement is impliedly released. Illustrations a A transfers Easejent to B on condition that he does not marry C.

A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such. B is entitled to go on the land and take away the trees. Aact river changes its course permanently and runs through C’s land. Exercise of easement-confinement of exercise of easement. Direction of way of necessity.

A’s right is extinguished. Davar, 7 Bom LR Here A impliedly grants B a right to the light, and C takes the land subject to the restriction that he may not build so as to obstruct such right. The way is out of repair, or a tree is blown down and falls across it.


A alters the machinery of his mill. B renders the way impassable.

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.

Injunction to restrain disturbance. Right to do acts to secure enjoyment. This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. B ‘s interest in Sultanpur ends, and with it the easement is extinguished. A, retaining the house, sells the land to B, without expressly reserving any easement.

SearchWorks Catalog

Partition of dominant heritage. Rules controlled by contract or title. A may enter upon B ‘s land and repair the wall. Extinction of useless easement. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years. Such licenses are called accessory licenses. The sewer with which the drain communicates is altered. The right of way vests in B and his legal representatives so long as the lease continues.

Then B marries C. A having become the tenant of a plot of uncultivated land in the village breaks up eaesment cultivates that plot.

Easements for limited time or on condition.