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The Indian Easements Act, 1882
Act ID: 1882
The Indian Easements Act, 1882
"An Act to define and amend the law relating to easements and licenses."
Table of Contents
64 Sections
Ch. 1
PRELIMINARY
S.1
Short title.
S.2
Savings.
S.3
Construction of certain references to Act 15 of 1877 and Act 9 of 1871.
Ch. 2
OF EASEMENTS GENERALLY
S.4
"Easement" defined.
S.5
Continuous and discontinuous, apparent and non-apparent, easements.
S.6
Easement for limited time or on condition.
S.7
Easements restrictive of certain rights.
Ch. 3
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
S.8
Who may impose easements.
S.9
Servient owners.
S.10
Lessor and mortgagor.
S.11
Lessee.
S.12
Who may acquire easements.
S.13
Easements of necessity and quasi easements.
S.14
Direction of way of necessity.
S.15
Acquisition by prescription.
S.16
Exclusion in favour of reversioner of servient heritage.
S.17
Rights which cannot be acquired by prescription.
S.18
Customary easements.
S.19
Transfer of dominant heritage passes easement.
Ch. 4
THE INCIDENTS OF EASEMENTS
S.20
Rules controlled by contract or title.
S.21
Bar to use unconnected with enjoyment.
S.22
Exercise of ease dent. Confinement of exercise of easement.
S.23
Right to alter mode of enjoyment.
S.24
Right to do acts to secure enjoyment.
S.25
Liability for expenses necessary for preservation of easement.
S.26
Liability for damage from want of repair.
S.27
Servient owner not bound to do anything.
S.28
Extent of easements.
S.29
Increase of easement.
S.30
Partition of dominant heritage.
S.31
Obstruction in case of excessive user.
Ch. 5
THE DISTURBANCE OF EASEMENTS
S.32
Right to enjoyment without disturbance.
S.33
Suit for disturbance of easement.
S.34
When cause of action arises for removal of support.
S.35
Injunction to restrain disturbance.
S.36
Abatement of obstruction of easement.
Ch. 6
THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
S.37
Extinction by dissolution of right of servient owner.
S.38
Extinction by release.
S.39
Extinction by revocation.
S.40
Extinction on expiration of limited period or happening of dissolving condition.
S.41
Extinction on termination of necessity.
S.42
Extinction of useless easement.
S.43
Extinction by permanent Change in dominant heritage.
S.44
Extinction on permanent alteration of servient heritage by superior force.
S.45
Extinction by destruction of either heritage.
S.46
Extinction by unity of ownership.
S.47
Extinction by non-enjoyment.
S.48
Extinction of accessory rights.
S.49
Suspension of easement.
S.50
Servient owner not entitled to require continuance.
S.51
Revival of easements.
Ch. 7
LICENSES
S.52
"License" defined.
S.53
Who may grant license.
S.54
Grant may be express or implied.
S.55
Accessory licenses annexed by law.
S.56
License when transferable.
S.57
Grantor's duty to disclose defects.
S.58
Grantor's duty not to render property unsafe.
S.59
Grantor's transferee not bound by license.
S.60
License when revocable.
S.61
Revocation express or implied.
S.62
License when deemed revoked.
S.63
Licensee's rights on revocation.
S.64
Licensee's rights on eviction.