It is a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is the right over a property belonging to someone else and not to the person claiming easement. Dominant because the owner has control over the use of that particular land which he does not possess. A case where another person has a right over a part of the property of a landowner is called servient tenement and the owner of such a land is called servient owner.
Try out our Premium Member services: Free for one month and pay only if you like it. IX ofshall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act.
Dominant and Indian easement act heritages and owners. Illustrations a A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement. This right is not an easement. This is not an easement.
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 Indian easement act 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 easement. This is a discontinuous easement.
The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements. This is a non-apparent easement. Easements for limited time or on condition.
Illustrations of the Rights above referred to a The exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the time being in force. Illustrations a A is tenant of B 's land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease.
A may impose an easement on the land to continue during the time that the lease exists or for any shorter period. A cannot, unless with B 's consent, impose an easement thereon which will continue after the determination of his life-interest. A cannot, without the consent of B and C, impose an easement on the land or on any part thereof.
A' s interest under his lease is transferable; B' s is not. A may impose on X, in favour of B, a right of way terminable with A 's lease. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.
Illustrations a A has in respect of his mill, a right to the uninterrupted flow thereto, from sunrise to noon, of the water of B 's stream. B may grant to C the right to divert the water of the stream from noon to sunset: B may grant to C, as the owner of a neighbouring farm, the right to feed his cattle on the grass growing on the way: 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 of the redemption of the mortgage.
Who may acquire easements. 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.
No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease.
Where a partition is made of the joint property of several persons,- e if an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entitled to such easement, or f if such an easement is apparent and continuous and necessary for enjoying the share of the latter as it was enjoyed when the partition took effect, he shall, unless a different intention is expressed or necessarily implied, be entitled to such easement.
The easements mentioned in this section, clauses ac and eare called easements of necessity. Where immovable property passes by operation of law, the persons from and to whom it so passes are, for the purpose of this section, to be deemed, respectively, the transferor and transferee.
Illustrations a A sells B a field then used for agricultural purposes only. It is inaccessible except by passing over A 's adjoining land or by trespassing on the land of a stranger.
B is entitled to a right of way, for agricultural purposes only, over A 's adjoining land to the field sold. The field retained was, at the date of the sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to B.
A is entitled to a right of way, for agricultural purposes only, over B 's field to the field retained. The light which passes over A 's land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect.
B is entitled to the light, and A cannot afterwards obstruct it by building on his land. 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 INDIAN EASEMENTS ACT, ACT No.5 OF [AS ON ] An Act to define and amend the Law relating to Easements and Licenses.
[17th February, ]. Construction of certain references to Act XV of and Act IX of ,-All references in any Act or Regulation to sections 26 and 27 of the Indian Limitation Act, or to sections 27 and 28 of Act No. IX of , shall, in the territories to which this Act extends, be . The Indian Easements Act, (Act No.
V of ) was enacted in the year and came into force on the 1st July, also it extents to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg.
The Indian Easement Act - pdf - Google Docs. Therefore, if it will amount to an easement of necessity under section 13 of the Easement Act, then it is to be extinguished under section 41 of the Act by this court; Nepal Chandra Saha v.
. An easement is a right to use another''s property. It is a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is the right over a property belonging to someone else and not to the person claiming easement.