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Indian Easements Act, 1882

(Act no. 5 of Year 1882)

Sections Particulars
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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