Andhra Pradesh Easements Act 1882
Easement for limited time or on condition :_ An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified act.
Easements restrictive of certain rights: _ Easements are restrictions of one or other of the following rights (namely):_
(a) Exclusive right to enjoy :_ The exclusive right of every owner of immovable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto.
(b) Rights to advantages arising from situation :_The right of every owner of immovable property (subject to any law for the time being in force) to enjoy without disturbance by another the natural advantages arising from its situation.
Illustrations of the rights above referred to
Who may impose easements :_ An easement may be imposed by any one in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is so imposed.
Illustrations
(a) A is a tenant of B's land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease. A may impose an easement on the land to continue during the time that the lease exists or for any shorter period.
(b) A is tenant for his life of certain land with remainder to B absolutely. A cannot, unless with B's consent, impose an easement thereon which will continue after the determina
Servient owners :_ Subject to the provisions of Section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.
Illustrations
(a) A has, in respect of his mill, a right to the uninterrupted flow thereto, from sunrise to noon, of the water of B's stream. B may grant to C the right to, divert the water of the stream from noon to sunset :
Provided that A's supply is not thereby diminished.
(b) A has, in respect of his
Lessor and mortgagor :_ Subject to the provisions of Section 8, a lessor may impose, on the property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless it be to take effect on the termination of the lease or the redemption of the mortgage.
Explanation :_ A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due
Lessee :_ No lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.
Who may acquire easements :_ An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of the same.
One of two or more co_owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property.
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.
Easements of necessity and quasi easements :_ Where one person transfers or bequeaths immovable property to another_
(a) if an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement; or
(b) if such an easement is apparent and continuous and necessary for enjoying the said subject as it was enjoyed when the transfer or bequest took effect, the transferee or legatee shall, unless a different intention is expressed or necessarily implied, be entitled to such easement;
(c) if an easement in the subject of the transfer or bequest is n
Direction of way of necessity :_ When a right to a way of necessity is created under Section 13, the transferor, the legal representative of the testator, or the owner of the share over which the right is exercised, as the case may be, is entitled to set out the way; but it must be reasonably convenient for the dominant owner. When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out.
Acquisition by prescription :_ Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years,
and where support from one person's land or things affixed thereto, has been peaceably received by another person's land subjected to artificial pressure, or by things affixed thereto, as an easement, without interruption, and for twenty years,
and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement and as of right, without interruption, and for twenty years,
the right to such access and use of
Exclusion in favour of reversioner of servient heritage :_ Provided that, when any land upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the said last-mentioned period of twenty years, in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land.
Illustration
A sues for a declaration that he is entitled to a right to way over B's land. A
Rights which cannot be acquired by prescription :_ Easements acquired under Section 15 are said to be acquired by prescription, and are called prescriptive rights.
None of the following rights can be so acquired_
(a) a right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed;
(b) a right to the free passage of light or air to an open space of ground;
(c) a right to surface-water not flowing in a stream and not permanently collected in a pool, tank or otherwise;
(d) a right to undergrou
Customary easements :_ An easement may be acquired in virtue of a local custom. Such easements are called customary easements.
Illustrations
(a) By the custom of a certain village every cultivator of village land is entitled, as such to graze his cattle on the common pasture. A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot. He thereby acquires an easement to graze his cattle in accordance with the custom.
(b) By the custom of a certain town no owner or occupier of a house can open a new window therein so as substantially to invade his neighbour's privacy. A builds a house in the town near B's house. A th
Transfer of dominant heritage passes easement :_ Where the dominant heritage is transferred or devolves, by act of parties or by operation of law, the transfer or devolution shall, unless a contrary intention appears, be deemed to pass the easement to the person in whose favour the transfer or devolution takes place.
Illustration
A has certain land to which a right of way is annexed. A lets the land to B for twenty years. The right of way vests in B and his legal representatives so long as the lease continues.
Rules controlled by contract or title :_ The rules contained in this Chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed.
Incidents of customary easements :_ And when any incident of any customary easement is inconsistent with such rules, nothing in this chapter shall affect such incident.
Bar to use unconnected with enjoyment :_ An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage.
Illustrations
(a) A, as owner of a farm Y, has right of way over B's land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z.
(b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests,
Exercise of easement; Confinement of exercise of easement :_ The dominant owner must exercise his right in the mode which is least onerous to the servient owner, and, when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined.
Illustrations
(a) A has a right of way over B's field. A must enter the way at either end and not at any intermediate point.
(b) A has a right annexed to his house to cut thatching grass in B's swamp. A, when exercising his easement, must cut the grass so that the plants may not be destroyed.
Right to alter mode of enjoyment :_ Subject to the provisions of Section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage.
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 saw-mill, has a right to a flow of water sufficient to work the mill. He may convert the saw-mill into a corn-mill:
Provided that it can be worked by the same amount of w
Right to do acts to secure enjoyment :_ The dominant owner is entitled, as against the servient owner, to do all acts necessary to secure the full enjoyment of the easement; but such acts must be done at such time and in such manner as, without detriment to the dominant owner, to cause the servient owner as little inconvenience as possible; and the dominant owner must repair, as far as practicable, the damage (if any) caused by the act to the servient heritage.
Accessory rights :_ Rights to do acts necessary to secure the full enjoyment of an easement are called accessory rights.
Illustrations
(a) A has an easement to lay pipes in B's land to convey water to A's cis
Liability for expenses necessary for preservation of easement :_ The expenses incurred in constructing works, or making repairs, or doing any other act necessary for the use or preservation of an easement, must be defrayed by the dominant owner.
Liability for damage from want of repair :_ Where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation for any damage to the servient heritage arising form the want of repair of such work.
Servient owner not bound to do anything :_ The servient owner is not bound to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the easement; but he must not do any act tending to restrict the easement or to render its exercise less convenient.
Illustrations
(a) A, as owner of a house, has a right to lead water and send sewage through B's land. B is not bound, as servient owner to clear the watercourse or scour the sewer.
(b) A grants a right of way through his land to B as owner of a field. A may feed his cattle on grass grow
Extent of easements :_ With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect:_
Easement of necessity :_ An easement of necessity is co_extensive with the necessity as it existed when the easement was imposed.
Other easements :_ The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties, and the purpose for which the right was imposed or acquired.
In the absence of evidence as to such intention and purpose :
(a) Right of way :_ A right of way of any one kind does not include a
Increase of easement :_ The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an easement.
Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and if the dominant heritage is diminished by diluvion, the easement is proportionately diminished. Save as aforesaid, no easement is affected by any change in the extent of the dominant or the servient heritage.
Illustrations
(a) A, the owner of a mill, has acquired a prescriptive right to divert to his mill part of the water
Partition of dominant heritage :_ Where a dominant heritage is divided between two or more persons, the easement becomes annexed to each of the shares, but not so as to increase substantially the burden on the servient heritage :
Provided that such annexation is consistent with the terms of the instrument, decree or revenue proceeding (if any) under which the division was made, and in the case of prescriptive rights, with the user during the prescriptive period.
Illustrations
(a) A house to which a right of way by a particular path is annexed is divided into two parts, one of which is granted to A, the other to B. Each is entitled, in respect of his part, to a right of way
Obstruction in case of excessive user :_ In the case of excessive user of an easement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage :
Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement.
Illustration
A, having a right to the free passage over B's land of light to four windows, 6" x 4", increases their size and number. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows. B cannot obstruct the excessive user.
Right to enjoyment without disturbance :_ The owner or occupier of the dominant heritage is entitled to enjoyment the easement without disturbance by any other person.
Illustration
A, as owner of a house has a right of way over B's land. C unlawfully enters on B's land and obstructs A in his right of way. A may sue C for compensation, not for the entry, but for the obstruction.
When cause of action arises for removal of support :_ The removal of the means of support to which a dominant owner is entitled does not give rise to a right to recover compensation unless and until substantial damage is actually sustained.
Injunction to restrain disturbance :_ Subject to the provisions of the Specific Relief Act, 1877 (1 of 1877), Sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement_
(a) if the easement is actually disturbed_then compensation for such disturbance might be recovered under this Chapter;
(b) if the disturbance is only threatened or intended_when the act threatened or intended must necessarily, if performed, disturb the easement.
Abatement of obstruction of easement : Notwithstanding the provisions of Section 24, the dominant owner cannot himself abate a wrongful obstruction of an easement.
Extinction by dissolution of right of servient owner :_ When, from a cause which preceded the imposition of an easement, the person by whom it was imposed ceases to have any right in the servient heritage, the easement is extinguished.
Exception :_ Nothing in this section applies to an easement lawfully imposed by a mortgagor in accordance with Section 10.
Illustrations
(a) A transfers Sultanpur to B on condition that he does not marry C. B imposes an easement on Sultanpur. Then B marries C. B's interest in Sultanpur ends, and with it the easement is extinguished.
(b) A, in 1860, l
Extinction by release :_ An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner.
Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.
An easement may be released as to part only of the servient heritage.
Explanation I :_ An easement is impliedly released_
(a) where the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pur
Extinction by revocation :_ An easement is extinguished when the servient owner, in exercise of power reserved in this behalf, revokes the easement.
Extinction on expiration of limited period or happening of dissolving condition :_ An easement is extinguished where it has been imposed for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires or the condition is fulfilled.
Extinction on termination of necessity :_ An easement of necessity is extinguished when the necessity comes to an end.
Illustration
A grants B a field inaccessible except by passing over A's adjoining land. B, afterwards purchases a part of that land over which he can pass to his field. The right of way over A's land which B has acquired is extinguished.
Extinction of useless easement :_ An easement is extinguished when it becomes incapable of being at any time and under any circumstances beneficial to the dominant owner.
Extinction by permanent change in dominant heritage :_ Where, by any permanent change in the dominant heritage, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment of the easement, the easement is extinguished unless_
(a) it was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the easement should be used; or
(b) the injury caused to the servient owner by the change is so slight that no reasonable person would complain of it; or
(c) the easement is an easement of necessity.
Nothing in this section
Extinction on permanent alteration of servient heritage by superior force :_ An easement is extinguished where the servient heritage is by superior force so permanently altered that dominant owner can no longer enjoy such easement : Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage; and the provisions of Section 14 apply to such way.
Illustrations
(a) A grants to B, as the owner of a certain house, a right to fish in a river running through A's land. The river changes its course permanently and runs through C's land. B's easement is extinguished.
(b) Access to a path over which <
Extinction by destruction of either heritage :_ An easement is extinguished when either the dominant or the servient heritage is completely destroyed.
Illustration
A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a permanent encroachment of the sea. A's easement is extinguished.
Extinction by unity of ownership :_ An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.
Illustrations
(a) A, as the owner of a house, has a right of way over B's field. A mortgages his house, and B mortgages his field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The right of way is extinguished.
(b) The dominant owner acquires only part of the servient heritage; the easement is not extinguished, except in the case illustrated in Section 41.
(c) The servient owner acqu
Extinction by non-enjoyment :_ A continuous easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of twenty years.
A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such.
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 which it was last enjoyed by any person as dominant owner:
Provided that if, in the case of a discontinuous easement, the dominant owner, within such period, registers, unde
Extinction of accessory rights :_ When an easement is extinguished, the rights (if any) accessory thereto are also extinguished.
Illustration
A has an easement to draw water from B's well. An accessory thereto, he has a right of way over B's land to and from the well. The easement to draw water is extinguished under Section 47. The right of way is also extinguished.
Suspension of easement :_ An easement is suspended when the dominant owner becomes entitled to possession of the servient heritage for a limited interest therein, or when the servient owner becomes entitled to possession of the dominant heritage for a limited interest therein.
Servient owner not entitled to require continuance :_ The servient owner has no right to require that an easement be continued; and notwithstanding the provisions of Section 26, he is not entitled to compensation for damage caused to the servient heritage in consequence of the extinguishment or suspension of the easement, if the dominant owner has given to the servient owner such notice as will enable him, without unreasonable expense, to protect the servient heritage from such damage.
Compensation for damage caused by extinguishment or suspension :_Where such notice has not been given, the servient owner is entitled to compensation for damage caused to the servient heritage in consequence of such extinguishment or suspension.
Illustrat
Revival of easements :_ An easement extinguished under Section 45 revives (a) when the destroyed heritage is, before twenty years have expired, restored by the deposit of alluvion; (b) when the destroyed heritage is a servient building and before twenty years have expired such building is rebuilt upon the same site; and (c) when the destroyed heritage is a dominate building and before twenty years have expired such building is rebuilt upon the same site and in such a manner as not to impose a greater burden on the servient heritage.
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. A necessary easement extinguished under the same
"Licence" defined :_ Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a licence.
Who may grant licence :_ A licence may be granted by anyone in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the licence.
Grant may be express or implied :_ The grant of a licence may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a licence.
Accessory licences annexed by law :_ All licences necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licences are called accessory licences.
Illustration
A sells the trees growing in his land to B. B is entitled to go on the land and take away the trees.
Licence when transferable :_ Unless a different intention is expressed or necessarily implied, licence to attend a place of public entertainment may be transferred by the licensee; but, save as aforesaid, a licence cannot be transferred by the licensee or exercised by his servants or agents.
Illustrations
(a) A grants B a right to walk over A's field whenever he pleases. The right is not annexed to any immovable property of B. The right cannot be transferred.
(b) The Government grants B a licence to erect and use temporary grain-sheds on Government land. In the absence of express provision to the contrary, B's servants may enter on the land for the pur
Grantor's duty to disclose defects :_ The grantor of a licence is bound to disclose to the licensee any defect in the property affected by the licence, likely to be dangerous to the person or property of the licensee, of which the grantor is, and the licensee is not, aware.
Grantor's duty not to render property unsafe :_ The grantor of a licence is bound not to do anything likely to render the property affected by the licence dangerous to the person or property of the licensee.
Grantor's transferee not bound by licence :_ When the grantor of the licence transfers the property affected thereby, the transferee is not as such bound by the licence.
Licence when revocable :_ A licence may be revoked by the grantor, unless_
(a) it is coupled with a transfer of property and such transfer is in force;
(b) the licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in the execution.
Revocation express or implied :_ The revocation of a licence may be express or implied.
Illustrations
(a) A, the owner of a field, grants a licence to B, to use a path across it. A with intent to revoke the licence, locks a gate across the path. The licence is revoked.
(b) A, the owner of a field, grants a licence to B to stack hay on the field. A lets or sells the field to C. The licence is revoked.
Licence when deemed revoked :_ A licence is deemed to be revoked, _
(a) when, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the licence;
(b) when the licensee releases it, expressly or impliedly, to the grantor or his representative;
(c) where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires, or the condition is fulfilled;
(d) where the property affected by the licence is destroyed or by superior force so permanently altered that the licensee
Licensee's rights on revocation :_ Where a licence is revoked, the licensee is entitled to a reasonable time to leave the property affected thereby and to remove any goods which he has been allowed to place on such property.
Licensee's rights on eviction :_ Where a licence has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the licence, the right for which he contracted, he is entitled to recover compensation from the grantor.
Short title :_ This Act may be called the Indian Easements Act, 1882.
Local extent :_It extends to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg.
Commencement :_ It shall come into force on the first day of July, 1882.
(i) For the words "territories respectively administered by the Governor of Madras in Council and" substitute the words "whole of the State of Andhra and the territories administered by"._Vide Andhra A.L.O., 1953; Andh. Pra. A.L.O., 1957.
(ii) For
Savings :_ Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from_
(a) any right of the Government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation;
(b) any customary or other right (not being a licence) in or over immovable property which the Government, the public or any person may possess irrespective of other immovable property; or
(c) any right acquired, or arising
Construction of certain references to Act XV of 1877 and Act IX of 1871 :_ All references in any Act or Regulation to Sections 26 and 27 of the Indian Limitation Act, 1877 or to Sections 27 and 28 of Act No.IX of 1871, shall, in the territories to which this Act extends, be read as made to Sections 15 and 16 of this Act.
"Easement" defined :_ An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own.
Dominant and servient heritages and owners :_ The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; and land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.
Explanation :_ In the first and second clauses of this section the
Continuous and discontinuous, apparent and non-apparent easements :_ Easements are either continuous or discontinuous, apparent or non-apparent.
A continuous easement is one whose enjoyment is, or may be, continual without the act of man.
A discontinuous easement is one that needs the act of man for its enjoyment.
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 to him.
A non-apparent easement is one that has no such sign.
Illustrations
(a) A right annexed to B's h
Suit for disturbance of easement :_ The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto :
Provided that the disturbance has actually caused substantial damage to the plaintiff.
Explanation I :_ The doing of any act likely to injure the plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and Section 34.
Explanation II :_ Where the easement disturbed is a right to the free passage of light passing
Section 33 of the Andhra Pradesh Easements Act, 1882, deals with the legal remedy available to the owner or occupier of a dominant heritage when their easement rights are disturbed. It provides a statutory framework for claiming compensation or redress in case of interference that causes substantial damage to the easement.
Section 33 states that the owner or occupier of the dominant heritage may institute a suit for compensation if their easement or any accessory right is disturbed and such disturbance causes substantial damage. It emphasizes that actual damage or injury is the basis for the suit, and the act of disturbance must have a tangible adverse effect on the easement's evidence or utility.
This concise legal commentary synthesizes the scope, essentials, and judicial interpretations of Section 33, highlighting its role in safeguarding easement rights against unlawful disturbances through civil remedies.
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