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Indian Easements Act, 1882

(Act No. 5 of Year 1882)

Contents

Sections

Particulars

 

Preliminary

1

Short title

2

Saving

3

Construction of certain references to Act XV of 1877 and Act IX of 1871

Chapter I

Easements Generally

4

"Easement defined

5

Continuous and discontinuous, apparent and non-apparent easements

6

Easement for limited time or on condition

7

Easements restrictive of certain rights

Chapter II

The Imposition, Acquisition And Transfer Of Easements

8

Who may impose easements

9

Servant owners

10

Lessor and mortgagor

11

Lessee

12

Who may acquire easements

13

Easements of necessity and quasi easements

14

Direction of way of necessity

15

Acquisition by prescription

16

Exclusion in favor of reversioner of servant heritage

17

Rights which cannot be acquired by prescription

18

Customary easements

19

Transfer of dominant heritage passes easement

Chapter III

The Incidents Of Easements

20

Rules controlled by contract or title

21

Bar to use unconnected with enjoyment

22

Exercise of easement-confinement of exercise of easement

23

Right to alter mode of enjoyment

24

Right to do acts to secure enjoyment

25

Liability for expenses necessary for preservation of easement

26

Liability for damage from want of repair

27

Servant owner not bound to do anything

28

Extent of easements

29

Increase of easement

30

Partition of dominant heritage

31

Obstruction in case of excessive user

Chapter IV

The Disturbance Of Easements

32

Right to enjoyment with out disturbance

33

Suit for disturbance of easement

34

When cause of action arises for removal of support

35

Injunction to restrain disturbance

36

Abatement of obstruction of easement

Chapter V

The Extinction, Suspension And Revival Of Easements

37

Extinction by dissolution of right of servant owner

38

Extinction by release

39

Extinction by revocation

40

Extinction on expiration of limited period or happening of dissolving condition

41

Extinction on termination of necessity

42

Extinction of useless easement

43

Extinction by permanent change in dominant heritage

44

Extinction on permanent alteration of servant heritage by superior force

45

Extinction by destruction of either heritage

46

Extinction by unity of ownership

47

Extinction by non-enjoyment

48

Extinction of accessory rights

49

Suspension of easement

50

Servant owner not entitled to require continuance

51

Revival of easements

Chapter VI

Licences

52

"License" defined

53

Who may grant license

54

Grant may be express or implied

55

Accessory licenses annexed by law

56

License when transferable

57

Grantor's duty to disclose defects

58

Grantor's duty not to render property unsafe

59

Grantor's transferee not bound by license

60

License when revocable

61

Revocation express or implied

62

License when deemed revoked

63

Licensee's rights on revocation

64

Licensee's rights on eviction

Licensee's rights on eviction An Act to define and amend the law relating to easements and licenses

WHEREAS it is expedient to define and amend the law relating to Easements and Licenses. It is hereby enacted as follows: -



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