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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Extinction on termination of necessity. A is entitled to the light, and B cannot build on the land so as to obstruct such light.
B ‘s indiaj is extinguished. The easement to draw water is extinguished under section Abatement of obstruction of easement. Servient owner not entitled to require continuance. Revocation express or implied.
Exercise of easement-confinement of exercise of easement. Illustrations a A grants B a right to walk over A ‘s field whenever he pleases. 182 must not drive stakes so as to obstruct the watercourse. A’s right is extinguished. A is not thereby entitled to take leaves to manure this field.
Tax Laws & Rules > Acts > Indian Easements Act,
Abatement of obstruction of easement. The sewer with which the drain communicates is altered. Licensee’s rights on revocation. An easement extinguished under section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court.
Who may grant license. A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot. The dam is half swept away by an inundation. Save as aforesaid, no easement is effected by any change in the extent of the dominant or the servient heritage.
Each of these continues to have the right to have its windows unobstructed. Right to enjoyment with out disturbance. The light passing over A ‘s land to the windows is necessary for enjoying the easemen as it was enjoyed when the sale took effect.
B must not plant trees so as to obstruct the passage to A ‘s windows of that quantity of light. Illustration A has certain land to which a right of way is annexed.
Here C cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was subject in A ‘s hands. A, without the consent of B and C, releases the easement.
The dominant essement acquires one only of the servient heritages. License when deemed revoked. C unlawfully enters on B ‘s land ac obstructs A in his right of way. The Incidents Of Easements.
A extends his works and thereby increases the quantity discharged. When cause of action arises for removal of support. Extinction of useless easement. A cannot, unless with B ‘s consent, impose an easement thereon which will continue after the determination of his life-interest.
A discontinuous easement is one that needs the act of man for its enjoyment. Grant may be express or implied. Grantor’s transferee not bound by license. Exception -The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage.
Illustrations a A, the owner of a field, grants a license to B, to use a path across it. B is entitled to go on the land and take away the trees. Exclusion in favor of reversioner of servant heritage.
The license is revoked. But when A assigns the lease to C, or surrenders it to B, the right of way revives. 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 until a period of twenty years has elapsed from the date of the registration.
I, for section 3. This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. Extinction of accessory right. 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.