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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B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. Illustrations a A transfers Sultanpur to B on condition that he does not marry C.
B may grant to C, as the owner of a neighbouring farm, the right to feed his cattle on the grass growing on the way: Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. Incidents of customary easements.
Partition of dominant heritage. A, without the consent of B and C, releases the easement. Indian Easements Act, Act No. The easement to draw water is extinguished under section But he must not pull down or weaken the wall so as to make it incapable of rendering the necessary support. The house has windows over-looking the land. An easement may be released as to part only of the servient heritage. B is entitled to the benefit of all gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the sale took effect, and A is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Z as it was enjoyed when the sale took effect.
Where a partition is made of the joint property of several persons,. Such easements are called customary easements.
B must not drive stakes so as to obstruct the watercourse. A, retaining the house, nidian the land to B, without expressly reserving any easement. Then B marries C.
Accessory licenses annexed by law. Illustrations a A suit is brought in for obstructing a right of way. B cannot obstruct the excessive user.
B ‘s interest in Sultanpur ends, and with it the easement is extinguished.
An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection ac a competent person, would be visible to him. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state.
The Indian Easements Act,
Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. This right is not an easement. I, for section 3.
Revocation express or implied. B may grant to C the right to divert the water of the stream from noon to sunset: The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years. The dam is half swept away by an inundation. B builds a verandah overhanging the way about ten feet from the ground, and so as not to occasion any inconvenience to foot-passengers using the way. In the absence of express provision to the contrary, B ‘s servants may enter on the land for the purpose of erecting sheds, erect the same, deposit grain therein and remove grain therefrom.
Licensee’s rights on revocation. He must not use the easement for the purpose of passing to and from Z.
A’s right is extinguished. The way is out of repair, or a tree is blown down and falls across it. B undian no access to them other than by crossing A ‘s land. Easements of necessity and quasi easements. In this case, no specific finding by lower courts as to whether easement of necessity was specifically established. C is entitled to lateral support from B ‘s building, and B is entitled to lateral support from C ‘s building. A necessary easement extinguished adt the same section revives when the unity of ownership ceases from any other cause.
Tax Laws & Rules > Acts > Indian Easements Act,
india IX ofshall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.
Confinement of exercise of easement.
He cannot thereby increase his right to divert water. This is not substantial damage to A. Abatement of obstruction of easement. This is a continuous easement. A must enter the way at either end and not at any intermediate point. B enjoys the easement for twenty years. Such period shall be reckoned, in the case of a continuous easement, from the day on which its enjoyment was obstructed by the servient owner, or rendered impossible by the dominant owner; and, in the case of a discontinuous easement, from the day on 8182 it was last enjoyed by any person as dominant owner: B is not bound, as servient owner to keep the wall standing and in repair.