Indian Easements Act, 1882
This Act may be called the Indian Easements Act, 1882 .
Local extent.-- It extends 1 to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg.
Commencement.-- And it shall come into force on the first day of July, 1882.
Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from --
(a) any right of the 1[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 license) in or over immovable property which the 2[Government], the public or any person may possess irrespective of other immovable property; or
(c) any right acquired, or arising out of a relation created, before this Act comes into force.
All references in any Act or Regulation to Sections 26 and 27 of the Indian Limitation Act, 1877 (15 of 1877)* or to Sections 27 and 28 of Act 9 of 1871 2, shall, in the territories to which this Act extends, be read as made to Sections 15 and 16 of this Act.]
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; the 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 expression "land" includes also things permanently attached to the earth; the expression "beneficial enjoyment" includes also possible convenience, remote advantage, and even a mere amenity; and the expression "to do something" includes removal and appropriation by the
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 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
(a) The exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the time being in force.
(b) The right of every owner of land that the air passing thereto shall not be unreasonably polluted by other persons.
(c) The right of every owner of a house that his physical c
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 to be imposed.
Illustrations.- (a) A is 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 determination of his life interest.
(c) A, B and C are co-owners of certain land. A cannot, without the consent of B and C, impose an easement on the land or on any part thereof.
(d) A and B are lessees of the same lessor, A of a field X for a term of five years, and B of a field Y for a term of ten years. A's interest
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 house, a right of way over B's land. B may grant to C, as the owner of neighbouring farm, the right to feed his cattle on the grass growing on the way: provided that A's right of way is not thereby obstructed.
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.
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.
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 necessary for enjoying other immovable property of the transferor or testator, the transferor or the legal representative of the testator shall be entitled to such easement; or
(d) if such an easement is apparent and continuous and necessary for enjoying the said property as it was enjoyed when the transfer or bequ
When 1[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.
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 is 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 light or air, support, or other easement, shall be absolute.
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.
Explanation I.- Nothing is an enjoyme
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 of way over B's land, A proves that he has enjoyed the right for twenty-five years. But B shows that during ten of these years C had a life-interest in the land; that on C's death 8 became entitled to the land; and that within two years after C's death he contested A's claim to the right. The suit must be dismissed, as A,
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 underground water not passing in a defined channel.
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 thereupon acquires an easement that B shall not open new windows in his house so as to command a view of the portions of A's house which are ordinarily excluded from observation, and B acquires a like easement with respect to A's house.
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.
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.
An easement must not be used of any purpose not connected with the enjoyment of the dominant heritage.
Illustrations.--
(a) A, as owner of a farm Y, has a 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, lodgers, servants, workmen, visitors and customers; for this is a purpose, connected with the enjoyment of the dominant heritage. So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair.
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.
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 water.
(b) A has a right to discharge on B's land the rain-water from the eaves of A's house. This does not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B's land.
(c) A as the owner of a paper-mill, acquires a right to pollute a stream by procuring in the refuse-liquor produced by makin
The dominant owner is entitled 1, 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 cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state.
(b) A has an easement of a drain through B's land. The sewer with which the drain communicates is altered. A may enter upon B's land and alter the drain, to adapt it to the new sewer, p
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.
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 from the want of repair of such work 1.
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 water course 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 growing on the way, provided that B's right of way is not thereby obstructed; but he must not build a wall at the end of his land so as to prevent B from going beyond it, nor must he narrow the way so as to render the exercise of the right less easy than it was at the date of the grant.
(c) A, in respect of his house,
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 right of way of any other kind;
(b) Right to light or air acquired by grant.-- The extent of a right to the passage of light or air to a certain window, door on other opening, imposed by a testamentary or non-testamentary instrument, is the quantity of light or air that entered the opening at the time the tes
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 dilluvion, the easement is proportionately diminished.
Save as aforesaid, no easement is effected 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 of a stream. A alters the machinery of his mill. He cannot thereby increase his right to divert water.
(b) A has acquired an easement to pollute a stream by carrying on a manufacture on its banks by which a certain quantity of foul matter is disch
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 by the same path.
(b) A house to which is annexed the right of drawing water from a well to the extent of fifty buckets a day is divided into two distinct heritages, one of which is granted to A, the other to B, A and B are each entitled, in respect of his heritage, to draw from the we
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.
The owner or occupier of the dominant heritage is entitled to enjoy 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.
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 to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done p
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.
Subject to the provisions of the Specific Relief Act, 1877 (1 of 1877) 1, 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-- when 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.
Notwithstanding the provisions of Section 24, the dominant owner cannot himself abate a wrongful obstruction of an easement.
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 B's interest in Sultanpur ends, and with it the easement is extinguished.
(b) A, in 1860, let Sultanpur to B for thirty years from the date of the lease. B, in 1861, imposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty-nine years, B's interest in Sultanpur then ends, and with it C's easement.
(c) A and B, tenants of C, have permanent transfer
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 pursuance of such authority;
(b) where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future.
Explanation II.-- Mere non-user of an easement is not an implied release within the meaning of th
An easement is extinguished when the servient owner, in exercise of a power reserved in this behalf, revokes the easement.
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.
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 had acquired is extinguished.
An easement is extinguished when it becomes incapable of being at any time and under any circumstances beneficial to the dominant owner.
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 shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.
An easement is extinguished where the servient heritage is by superior force so permanently altered that the 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 A has a right of way is permanently cut off by an earthquake. A's right is extinguished.
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.
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 acquires the dominant heritage in connection with a person; the easement is not extinguished.
(d) The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritages; the easements are not extinguished.
(e) The joint owners of the dominant heritage jointly acquire the se
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, under the Indian Registration Act, 1877 (3 of 1877)1, a 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.
Where an easement can be legally enjoyed only at a certain place, or at certain times, o
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. As 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.
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.
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.
Illustration
A, in exercise of an easement, diverts to his canal the water of B's stream. The diversion continues for many years, and during that time the bed of the stream partly fills up. A then abandons his easement, and restores the stream to its ancient course. B's land i
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 dominant 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 section revives when the unity of ownership ceases from any other cause.
A suspended easement revives if the cause of suspension is removed before the right is extinguished under Section 47.
Illustration.--
A,
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 license.
A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.
The grant of a license may be expressed 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 license.
All licenses necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licenses are called accessory licenses.
Illustration.--
A sells the trees growing on his land to B. B is entitled to go on the land and take away the trees.
Unless a different intention is expressed or necessarily implied, a license to attend a place of public entertainment may be transferred by the licensee; but, save as aforesaid, a license 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 grant B a license 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 purpose of erecting sheds, erect the same, deposit grain therein and remove grain therefrom.
The grantor of a license is bound to disclose to the licensee any defect in the property affected by the license, likely to be dangerous to the person or property of the licensee, of which the grantor is, and the licensee is not, aware.
The grantor of a license is bound not to do anything likely to render the property affected by the license dangerous to the person or property of the licensee.
When the grantor of the license transfers the property affected thereby, the transferee is not as such bound by the license.
A license 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 license, has executed a work of a permanent character and incurred expenses in the execution.
The revocation of a license may be express or implied.
Illustrations.--
(a) A, the owner of a field, grants a license to B, to use a path across it. A, with intent to revoke the license, locks a gate across the path. The license is revoked.
(b) A, the owner of a field, grants a license to B to stack hay on the field. A lets or sells the field to C. The license is revoked.
A license 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 license;
(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 license is destroyed or by-superior force so permanently altered that the licensee can no longer exercise his right;
(e) where the licensee becomes entitled to the absolute ownership of the property affected by the license;
(f) where the license is granted for a specified purpose and the purpose is attained or abandoned, or becomes impracticable;
(g) where the license is granted to
Where a license 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.
Where a license 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 license, the right for which he contracted, he is entitled to recover compensation from the grantor.
Statement of Objects and Reasons.--This Bill is intended to form part of the Indian Civil Code, and attempts to state, clearly and compactly, the rules relating to easements, that is to say, the rights which a man sometimes has over one piece of immovable property by reason of his ownership of another. As to these rights our present statutory law is silent, except so far as regards the acquisition of easements by long and continued possession, the limitation of suits for disturbing them, and the granting of injunctions to prevent such disturbance; and three of our most experienced Judges-- Sir Michael Westropp, Mr. Justice (now Sir Louis) Jackson and Mr. Justice Innes have expressed their opinion that it is desirable to codify the law on the subject, which is now (to quote the Chief Justice of Bombay) “for the most part to be found only in treatises and reports practically inaccessible S.10 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 of the redemption of the mortgage. Legal Commentary on Indian Easements Act, 1882 - Section 10IntroductionSection 10 of the Indian Easements Act, 1882, deals with the authority of a lessor or mortgagor to impose easements on leased or mortgaged property, subject to certain conditions. It forms a fundamental part of the law relating to the creation and regulation of easements, which are rights attached to land for beneficial use. What does Section 10 SaySection 10 states that, subject to the provisions of Section 8, a lessor (landlord) may impose on the leased property any easement that does not derogate from the rights of the lessee. Similarly, a mortgagor (borrower) may impose easements on the mortgaged property, provided such restrictions are compliant with the law. Essentially, it authorizes the grant of easements by landlords or mortgagors, with limitations. Essential Ingredients
Scope of Section 10
Punishment for ViolationsSection 10 itself does not prescribe any punishment for violations. Instead, violations of the law relating to easements are generally penalized under other provisions of the Indian Easements Act or related laws, such as Section 37 (which provides for injunctions to prevent unlawful disturbance of easements). Legal Comments
In summary, Section 10 of the Indian Easements Act, 1882, provides a legal framework for landlords and mortgagors to impose easements on leased or mortgaged properties, ensuring such rights are lawful, reasonable, and compliant with other provisions of the Act. It balances the rights of landowners with the protection of lawful user and public interest, forming a cornerstone of property law relating to easements in India. |
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