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Easements Act, 1882 (Act No. V of 1882).

Country/Territory
Bangladesh
Document type
Legislation
Date
1882
Source
FAO, FAOLEX
Long title
An Act to define and amend the Law relating to Easements and Licenses.
Subject
Environment gen., Land & soil, Water, Wild species & ecosystems
Keyword
Authorization/permit Pollution control Air quality/air pollution Servitude Land tenure Soil pollution/quality Water rights Waterworks Ecosystem preservation Protection of habitats Endangered species Cultural heritage Protection of species
Geographical area
Asia, Asia and the Pacific, Indian Ocean, Least Developed Countries, South Asian Seas, Southern Asia
Entry into force notes
This Act shall enter into force on 1 July 1882.
Abstract

This Act aims to define and amend the Law relating to Easements and Licences aiming at regulating the following issues: 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; customary or other right in or over immovable property which the Government, the public or any person may possess irrespective of other immovable property. 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. Section 8 establishes that 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. 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. 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. 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.

Full text
English
Website
bdlaws.minlaw.gov.bd