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. 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. THE INDIAN EASEMENTS ACT in India Bare Acts, Banking and Insurance, Business and Corporate, Constitutional, Consumer Laws, Criminal Law.

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A’s right is extinguished. The easement is not thereby extinguished. The dam is half swept away by an inundation. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. The easement is impliedly released.

Indian Easements Act Complete Act – Citation – Bare Act | LegalCrystal

Here C cannot obstruct the light by building on the land, for easeent takes it subject to the burdens to which it was subject in A ‘s hands. Illustration A, as the absolute owner of field Y, has right of way thither over B’s field Z. He may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from bamboos, provided that he does not substantially increase the amount, or injuriously change the nature, of the pollution. The right is not annexed to any dasement property of B.


The drain would be discovered upon careful inspection by a person conversant with such matters. A’s easement is extinguished.

B is not bound, as servient owner, to clear the watercourse easmeent scour the sewer. The defendant admits the obstruction, but denies the right of way. B imposes an easement on Sultanpur. Servant owner not entitled to require continuance. Section13 – Easements of necessity and quasi easements. This is not an easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.

A mortgages actt house, and B mortgages his field to C.

THE INDIAN EASEMENTS ACT Indian Bare Acts – India Bare Act – Law Firm Lawyers India

indain Exception -Nothing in this section applies to an easement lawfully imposed by a mortgagor in accordance with section Extinction by permanent change in dominant heritage. A cannot, without the consent of B and C, impose an easement on the land or on any part thereof. This is a non-apparent easement. B afterwards purchases a part of that land over which he can pass to his field.

The house has windows over-looking the land. Illustrations a A, as the owner of a house, has a right of way over B ‘s field. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto, as an easement and as of right, without interruption, from 1st January, to 1st January, I, for section 3.


The release is ineffectual.


Extinction by unity of ownership. An easement may be released as to part only of the servient heritage. Easements of necessity and quasi easements.

A obtains from B a lease of Z for twenty years.

A may impose on X, in favour of B, a right of way terminable with A ‘s lease. A is entitled to a right of way, for agricultural purposes only, over B ‘s field to the field retained. Section59 ac Grantor’s transferee not bound by licence.

This does not entitle A to pollute the stream by discharging into it poisonous liquor.

A may enter on B ‘s land and repair the way or remove the tree from it. Partition of dominant heritage.