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.
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Rules controlled by contract or title.
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. 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.
Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y.
In this case, no specific finding by lower courts as to whether easement of necessity was specifically established.
Extinction on termination of necessity. The land is sold to D in satisfaction of the mortgage-debt. A obtains from B a lease of Z for twenty years.
A’s right of way is not extinguished. Abatement of obstruction of easement. The easement is not extinguished. 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.
The Indian Easements Act,
A ‘s easement is extinguished to the extent of the interference. B, inimposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty-nine years, B ‘s interest in Sultanpur then ends, and with it C’ s easement.
This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. Illustrations a A places a permanent obstruction in a path over which B, as tenant of C ‘s house, has a right of way. Extinction on permanent alteration of servient heritage by superior force. When cause of action arises for removal of support.
A, without easrment consent of B and C, releases the easement. A, when exercising his easement, must cut 1828 grass so that the plants may not be destroyed. A lets or sells the field to C.
Confinement of exercise of easement. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years. B is not bound, as servient owner, to clear the watercourse or scour the ijdian. A thereupon acquires an easement that B shall not open new windows in his house so as to command a view of the portions of A ‘s house which are ordinarily excluded from observation, and B acquires a like easement with respect to A ‘s house.
He cannot thereby increase easemenf right to divert water. The suit must be easemwnt. Who may impose easements. 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 discontinuous easement, from the day on which it was last enjoyed by any person as dominant owner: Licensee’s rights on revocation.
Illustrations a A, the owner of a field, grants a license to B, to use a path across it. B cannot obstruct the excessive user. Illustrations a A right annexed easemebt B’ s house to receive light by the windows without obstruction by his neighbour A. Grantor’s transferee not bound by license. He must not use the easement for the purpose of passing to and from Z. B’s easement is extinguished.
Obstruction in case of excessive user. A simultaneously sells the house to B and the land to C. Servant owner not bound to do anything.