Full text containing the act, Indian Encasements Act, , with all the sections, schedules, short title, Indian Easements Act, (Act No. 5 of Year ). This is the official website of Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India. Income Tax Department. The Indian Easements Act, B. 7 th. Semester. Introduction. The right of easement is a right as old as the day when human race first emerging from.

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Illustrations a A, the owner of a mill, has acquired a prescriptive right, to divert to his mill part of the water of a stream. B is entitled to such amount of lateral and subjacent support from A ‘s land as is necessary for the safety of the house. Extinction of acf right. B is not bound, as servient owner to keep the wall standing and in repair. This is a continuous easement.

Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. Rules controlled by contract or title. But he cannot, without the consent of the dominant owner, impose ijdian easement on the servient heritage which would lessen such utility.

Servient owner not entitled to require continuance.

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A mortgages his house, and B mortgages his field to C. Provided that if, in the case of a discontinuous easement, the dominant owner, within such period, registers, under the Indian Registration Act, 3 of 8a declaration of his intention to retain such easement, it shall not be extinguished easekent a period of twenty years has elapsed from the date of the registration. Liability for damage from want of repair.

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A may enter on B ‘s land and repair the way or remove the tree from it. The right of way over A’s land which B had acquired is extinguished. Extinction of accessory rights. Nothing in this easemnet shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.

The license is revoked. Transfer of dominant heritage passes easement. B sues A for compensation for the damage caused by the flooding.

This right is not an easement. Extinction on permanent alteration of servient heritage by superior force. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible easememt him.

Extinction on expiration of limited period or happening of dissolving condition. This does not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B ‘s land.

Indian Easements Act, He cannot thereby increase his right to divert water.

Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement. A builds a house in the town near B ‘s house. Ondian of dominant heritage passes easement. B is entitled to a right to lateral support from A ‘s building, and A is entitled to a right to lateral support from B ‘s building. Where immovable property passes by operation of law, the persons eaasement and to whom it so passes are, for the purpose of this section, to be deemed, respectively, the transferor and transferee.

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The drain would be discovered upon careful inspection by a person conversant with such matters. Direction of way of necessity. In this case, no specific finding by lower courts as to whether easement of necessity was specifically established. Compensation for damage caused ihdian extinguishment or suspension.

Right to alter mode of enjoyment.

None of the following rights can be so acquired: Who may acquire easements. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows.

Indian Encasements Act, | Bare Acts | Law Library | AdvocateKhoj

The light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. Each of these continues to have the right to have its windows unobstructed. Licensee’s rights on revocation.

The field retained was, at the date of the sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to B.

The wasement of way is also extinguished.

No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease. Illustrations a A, as owner of a house, has a right to lead water and send sewage through B ‘s land.

The plaintiff is entitled to eaxement.