Civil Law and Procedure
The Indian Easements Act, 1882
Act 5 of 1882 · 64 sections
Practise questions on Registration and Easements Acts
Title, date and preamble
[17th February, 1882.]
An Act to define and amend the law relating to Easements and Licenses.
Preamble.—WHEREAS it is expedient to define and amend the law relating to Easements and
Licenses; It is hereby enacted as follows:—
Contents
PRELIMINARY
CHAPTER I OF EASEMENTS GENERALLY
CHAPTER II THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
- 8.Who may impose easements
- 9.Servient 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 favour of reversioner of servient heritage
- 17.Rights which cannot be acquired by prescription
- 18.Customary easement
- 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.Servient 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
CHAPTER V THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
- 37.Extinction by dissolution of right of servient 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 servient 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.Servient owner not entitled to require continuance
- 51.Revival of easements
CHAPTER VI LICENSES
- 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