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Indian Encasements Act, 1882


37. Extinction by dissolution of right of servant owner

When, from a cause which preceded the imposition of an easement, the person by whom it was imposed ceases to have any right in the servant heritage, the easement is extinguished.

Exception: Nothing in this section applies to an easement lawfully imposed by a mortgagor in accordance with section 10.

Illustrations

(a) A transfers Sultanpur to B on condition that he does not marry C. B imposes an easement on Sultanpur. Then B marries C. Bís interest in Sultanpur ends, and with it the easement is extinguished.

(b) A, in 1860, let Sultanpur to B for thirty years from the date of the lease. B, it 1861 imposes an easement on the land in favor of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty-nine years, Bís interest in Sultanpur then ends, and with it Cís easement.

(c) A and B, tenants of C, have permanent transferable interests in their respective holdings. A imposes on his holding an easement to draw water from a tank for the purpose of irrigating Bís land. B enjoys the easement for twenty years. Then Aís rent fall into arrear and his interest is sold. Bís easements is extinguished.

(d) A mortgages Sultanpur to B, and lawfully imposes an easement on the land in favor of C in accordance with the provisions of section 10. The land is soled to D in satisfaction of the mortgage debt. The easement is not thereby extinguished.



Indian Encasements Act, 1882 Back




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