EASEMENTS ACT, 1. ACT No. V OF [17th February, ]. An Act to define and amend the Law relating to Easements and Licenses. Preamble. Construction of certain references to Act XV of and Act IX of CHAPTER I. OF EASEMENTS GENERALLY. 4. "Easement” defined. Dominant and. The Indian Easements Act, haidymathethed.mlB. 7 th. Semester. Introduction. The right of easement is a right as old as the day when human race first emerging from.

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PRELIMINARY. 1. Short title. [1A. This Act shall extend to the. Commencement. 2. Savings. 3. Construction of certain references to Act IX of CHAPTER I. Short Title: The Indian Easements Act, Long Title: An Act to define and amend the law relating to Easements and Licenses. Ministry. An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do.

Injunction easemenh restrain disturbance. B enjoys the easement for twenty years. 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.

The release is ineffectual.

COMMENTs There is nothing in this Act to support the contention that where a right to light and air to a building has been acquired, a partial destruction of it extinguishes that right; F. The right is not annexed to any immovable property of B.

IX ofshall, in the territories to which this Act extends, be read indisn made to sections 15 and 16 of this Act. This is a non-apparent easement. The Exclusion in favour of reverionser of servient heritage. The Rights which cannot be acquired by prescription.


Customary easements. The Transfer of dominant heritage passes easement. The Rules controlled by contract or title. I ncidnets of customary easements.


The Bar to use unconnected with enjoyment. The Exercise of easement. Confinement of exercise of easement. The Right to alter mode of enjoyment. The Right to do acts to secure enjoyment.

Accessory rights. The Liability for expenses necessary for preservation of easement.

The Liability for the damage from want of repair. The Servient owner not bound to do anything. The Extent of easements. Easement of necessity.

Other Easements. The Increase of easement.

The Partition of dominant heritage. The Obstruction in case of excessive user. The Right to enjoyment without disturbance. The Suit for disturbance of easement.

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The When cause of action arises for removal of support. The Injunction to restrain disturbance. As easement is extinguished to the extent of the interference. The easement is impliedly released. Section Extinction by revocation.

An easement is extinguished when the servient owner, in exercise of a power reserved in this behalf, revokes the easement. Section 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-performance of a specified act, and the period expires or the condition is fulfilled.


Section Extinction on termination of necessity. An easement of necessity is extinguished when the necessity comes to an end. Illustration A grants B a field inaccessible except by passing over As adjoining land.

B afterwards downloads a part of that land over which he can pass to his field. The right of way over As land which B had acquired is extinguished.

Section 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.

Section Extinction by permanent change in dominant heritage. Where, by any permanent change in the dominant heritage, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment of the easement, the easement is extinguished, unless- a It was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the easement should be used; or b The injury caused to the servient owner by the change is so slight that no reasonable person would complain of it; or c The easement is an easement of necessity.

Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage. Section Extinction on permanent alteration of servient heritage by superior force. An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominant owner can no longer enjoy such easement: Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage; and the provisions of section 14 apply to such way.

Illustrations a A grants to B, as the owner of a certain house, a right to fish in a river running through As land. The river changes its course permanently and runs through Cs land. As right is extinguished. Section Extinction by destruction of either heritage. An easement is extinguished when either the dominant or the servient heritage is completely destroyed.

Illustration A has a right of way over a road running along the foot of a sea- cliff. The road is washed away by a permanent encroachment of the sea.

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As easement is extinguished. Section 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 servient heritages.

Illustrations a A, as the owner of a house, has a right of way over Bs field. A mortgages his house and B mortgages his field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The right of way is extinguished. The dominant owner acquires one only of the servient heritages.Kapoor summed the concept of Licence as under: Under the aforesaid section, if a document gives only a right to use the property in particular way or under certain terms while it remains in the possession and control of the owner thereof, it will be a licence.

They are divided into a affirmative or p ositive, those which authorize the commission of an act by the dominant owner, e.

The Rights which cannot be acquired by prescription. Licence is only a permission to do something on an immovable property like occupation, or enjoying fruit thereof, or using it for some other purpose. The manufacturer employs a sales manager on salary for each outlet to manage the outlet and sell its products and entrust him with the keys of the premises, so that he can open the outlet for business and close the outlet at the end of the day.

Some of the notable types are enumerated herein. In such cases, the licence is for a specific purpose and for a specific period.