Act 5 of 1882

The Indian Easements Act, 1882

An Act to define and amend the law relating to Easements and Licenses.

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1882-02-17
  • 64 sections
SectionTitle
1 Short title.Read
2 Savings.Read
3 Construction of certain references to Act 15 of 1877 and Act 9 of 1871.Read
4 "Easement" defined.Read
5 Continuous and discontinuous, apparent and non-apparent, easements.Read
6 Easement for limited time or on condition.Read
7 Easements restrictive of certain rights.Read
8 Who may impose easements.Read
9 Servient owners.Read
10 Lessor and mortgagor.Read
11 Lessee.Read
12 Who may acquire easements.Read
13 Easements of necessity and quasi easements.Read
14 Direction of way of necessity.Read
15 Acquisition by prescription.Read
16 Exclusion in favour of reversioner of servient heritage.Read
17 Rights which cannot be acquired by prescription.Read
18 Customary easements.Read
19 Transfer of dominant heritage passes easement.Read
20 Rules controlled by contract or title.Read
21 Bar to use unconnected with enjoyment.Read
22 Exercise of ease dent. Confinement of exercise of easement.Read
23 Right to alter mode of enjoyment.Read
24 Right to do acts to secure enjoyment.Read
25 Liability for expenses necessary for preservation of easement.Read
26 Liability for damage from want of repair.Read
27 Servient owner not bound to do anything.Read
28 Extent of easements.Read
29 Increase of easement.Read
30 Partition of dominant heritage.Read
31 Obstruction in case of excessive user.Read
32 Right to enjoyment without disturbance.Read
33 Suit for disturbance of easement.Read
34 When cause of action arises for removal of support.Read
35 Injunction to restrain disturbance.Read
36 Abatement of obstruction of easement.Read
37 Extinction by dissolution of right of servient owner.Read
38 Extinction by release.Read
39 Extinction by revocation.Read
40 Extinction on expiration of limited period or happening of dissolving condition.Read
41 Extinction on termination of necessity.Read
42 Extinction of useless easement.Read
43 Extinction by permanent Change in dominant heritage.Read
44 Extinction on permanent alteration of servient heritage by superior force.Read
45 Extinction by destruction of either heritage.Read
46 Extinction by unity of ownership.Read
47 Extinction by non-enjoyment.Read
48 Extinction of accessory rights.Read
49 Suspension of easement.Read
50 Servient owner not entitled to require continuance.Read
51 Revival of easements.Read
52 "License" defined.Read
53 Who may grant license.Read
54 Grant may be express or implied.Read
55 Accessory licenses annexed by law.Read
56 License when transferable.Read
57 Grantor's duty to disclose defects.Read
58 Grantor's duty not to render property unsafe.Read
59 Grantor's transferee not bound by license.Read
60 License when revocable.Read
61 Revocation express or implied.Read
62 License when deemed revoked.Read
63 Licensee's rights on revocation.Read
64 Licensee's rights on eviction.Read
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